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(영문) 서울동부지방법원 2014.12.16 2013가단123174
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 44,391,839 and the amount of KRW 14,90,662 from October 28, 2013 to the date of full payment.

Reasons

1. Determination

A. In full view of the purport of arguments as to Gap evidence 2-3, Gap evidence 3-3, Gap evidence 4, Gap evidence 6 and 7, the defendant started to enter into a credit card transaction agreement with Samsung Card Co., Ltd. and delayed payment of credit card use fees, etc. while being used with a credit card, and the Samsung Card Co., Ltd. filed an application with the defendant for an order to pay the credit card use fees with Suwon District Court 2004 tea1038. The above court held on January 13, 2004 that "the defendant is liable to pay 17,868,615 won to Samsung Card Co.,, Ltd. and 15,69,000 won, and damages for delay calculated at the rate of 28% per annum from December 20, 2003 to the date of full payment, and the defendant issued an order to pay the defendant the above amount of damages for delay calculated at the rate of 30% per annum 169,294.

B. As to this, the Defendant asserted that the above credit card use price claim cannot comply with the Plaintiff’s claim since five years have passed since the above credit card use price claim was set by the extinctive prescription period, and according to the above facts, the payment order for the above credit card use price claim became final and conclusive, and the extinctive prescription is in accordance with Article 165(2) of

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