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(영문) 서울서부지방법원 2018.06.21 2017나42252
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 21, 2002, the Defendant entered into a credit card subscription contract with Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and had been using a credit card issued by Hyundai Card since that time.

B. The defendant purchased goods using a credit card from April 2, 2002 to June 23, 2002, and received cash services and credit card loans, but did not pay the credit card payment on the relevant settlement date.

C. On February 19, 2003, Hyundai Card transferred to the Defendant the Credit Card Use Claim Co., Ltd. (hereinafter “instant Claim”), which was not paid by the Defendant, and thereafter, the instant claim was transferred in sequential order to the Defendant, and each transferor completed the notification of the assignment of claim to the Defendant.

Meanwhile, as of July 12, 2012, the total amount of the instant bonds as of July 12, 2012 reaches KRW 7,540,561, including the principal amount of KRW 2,196,460.

[Reasons for Recognition] There is no dispute, and the purport of Gap's evidence 1 to 3 and the whole argument

2. According to the facts seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 7,540,561, the total amount of the instant claim, and the principal amount of KRW 2,196,460, which is the transfer money, calculated at the rate of 20% per annum of the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) from December 22, 2012 to the day following the day of service of the duplicate of the instant complaint, as requested by the Plaintiff.

3. Judgment on the defendant's defense, etc.

A. The defendant's defense that the claim of this case was extinguished due to the completion of prescription is examined, and five years have elapsed since the due date as a commercial claim.

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