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(영문) 서울중앙지방법원 2017.07.19 2017가단5063586
양수금
Text

1. Of the instant lawsuit, the part of the cards shall be dismissed by a financial institution listed in the attached Form No. 1.

2. The defendant shall be the plaintiff.

Reasons

1. Of the instant lawsuit in the judgment prior to the merits, it is deemed that the portion of the cards issued by a financial institution indicated in the attached Form No. 1 is a claim

According to the evidence No. 15, a lot card company may recognize the fact that the above payment order was finalized on August 11, 201, upon receipt of payment order from the Suwon District Court Branch Branch of 201Hu7596 with respect to the above bonds.

According to Article 474 of the Civil Procedure Act, an order for payment has the same effect as a final and conclusive judgment. Thus, filing a new suit concerning the same subject matter of lawsuit is not allowed as there is no benefit of protection of rights, barring special circumstances, such as interruption of prescription, and a successor to a party may enforce compulsory execution by obtaining

The plaintiff is a creditor who has acquired the above claim from a lot card company, and since the period of extinctive prescription of the above claim remains four years as of the date of the closing of argument in this case, there is no benefit of protection of rights in this part.

2. Judgment on the merits

A. In full view of the purport of the entire pleadings, the judgment No. 1-14 and No. 16 as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money set forth in Paragraph 2 of the Disposition.

B. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim since the five-year extinctive prescription for the loan claim of this case has expired.

According to the evidence evidence Nos. 4-16, ① a new card claim with a financial institution listed in the ground for the claim in the separate sheet was concluded on June 2, 201, and a loan agreement was concluded on June 7, 2011, and the date of arrears on the national card claim was made on June 7, 201, and the final repayment date of the Samsung Bio-resources claim was May 25, 201, and the due date of arrears on the claim of the ABK mutual savings bank was September 16, 201, and the due date of arrears on the Samsung Card claim was June 24, 201, and the due date of arrears on the Seoul CFF credit was June 24, 201, and ② the Plaintiff against the Defendant on April 29, 2016.

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