logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.08.11 2020나41204
양수금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 12,725,708 and its amount.

Reasons

1. In full view of the facts that there is no dispute over the cause of claim and the cause of succession, and the purport of the entire pleadings in Gap evidence Nos. 1 through 11 (including branch numbers), the defendant joined a credit card member of D Co., Ltd. and E Co., Ltd. (hereinafter referred to as "Co., Ltd." or "limited company" in the name of each corporation") in around 2001 and transferred all of the credit card use-related claims against the defendant on April 30, 2003 to F. Since then each of the above claims was transferred to G Bank on March 31, 2008, to the plaintiff on Nov. 28, 201, to the plaintiff on Feb. 27, 2019, the first judgment was delivered to the plaintiff on Feb. 27, 2019, and each of the above claims assignment was notified to the defendant of the fact that each of the above claims assignment did not reach the defendant at the latest 300 days notice of the assignment of claims.

According to the above facts, the plaintiff's claim that has lost his claim pursuant to the assignment of claim after the court of first instance rendered a judgment shall be rejected, and the defendant is obligated to pay the principal and interest related to the credit card in arrears and damages for delay to the plaintiff succeeding intervenor, the final transferee of the credit card, unless there are special circumstances.

2. The defendant's defense of extinctive prescription is a defense that the extinctive prescription of each of the above credit card usage claims has expired. As seen above, the defendant's defense is examined.

arrow