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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 6 (including virtual numbers), the plaintiff is obligated to pay damages for delay to the plaintiff to the plaintiff 23,820,306 won and its principal amount is 6,548,722 won among the above claims acquired by the plaintiff as of September 20, 201, since the plaintiff acquired the small credit loan claims of the above savings bank from the Hyundai Swiss Mutual Savings Bank on June 11, 2010 and the credit card use fee claims against the defendant of the above savings bank from Solomon Mutual Savings Bank on August 14, 2001. The defendant was duly notified of the transfer of the above claims. The sum of the principal and interest of each of the above claims taken over by the plaintiff as of September 20, 2011 is 23,820,306 won and 6,548,722 won, unless there are special circumstances.
2. The defendant asserts that each of the above claims has expired by prescription, and according to the evidence mentioned above, the defendant's above small credit loan obligation is due date of February 14, 2003, and Choung Bank entered into a credit card use contract with the defendant around February 30, 2002 and transferred the principal and interest of the defendant's overdue loan to MTTTT Specialized Limited Company on June 30, 2003. The above small credit loan claim was due date of the above small credit card use claim, and five years have passed since February 14, 2003 and June 30, 2003, which appears to have arrived at the due date of the above credit card use claim. Since each of the above claims in this case was clearly recorded in the record, each of the above claims became extinct by the completion of prescription.
I would like to say.
3. If so, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance which differs from this conclusion is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.