logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.07.05 2017가단2441
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

According to the purport of the entire pleadings in Gap evidence Nos. 1 and 2 (including provisional number), it is recognized that the payment order of this case (the purport of the claim and the cause of the claim are the same as the stated in the separate sheet) was served on January 11, 2012, and that it was confirmed on January 26, 2012, and the plaintiff filed an application for payment order on January 2, 2012, which was over five years from the date when the claim was transferred on May 13, 2005, even if the defendant calculated from the date when the claim was transferred on May 13, 2005, and thus, the defendant asserted that the claim of this case was extinguished, and thus, rejected compulsory execution based

을 1∽3호증의 각 기재, 변론 전체의 취지를 종합하면, ㈜국민은행은 원고에 대한 신용카드이용대금(2002. 3. 14. 기준 원금 12,606,900원)의 지급을 구하는 소송(춘천지법 인제군법원 2002가소79)을 제기하여 2002. 4. 21. 이행권고결정이 확정된 사실, ㈜국민은행은 위 신용카드이용대금채권을 KB유동화2차에 양도하였고, KB유동화2차는 자산유동화 관한법률에 따라 2005. 5. 13. 원고에게 양도하고, 채권양수인인 피고는 2005. 6. 16. 원고에게 위 채권양도사실을 통지한 사실이 인정된다.

Therefore, the extinctive prescription of the instant bonds was suspended as a lawsuit by the National Bank of Korea, and the extinctive prescription period is extended to ten years due to the determination of performance recommendation as above (Article 165(2) of the Civil Act and Article 5-7(1) of the Trial of Small Claims Act). Therefore, it is reasonable to view that the instant bonds were lawfully interrupted due to the Defendant’s application for payment order on January 2, 2012.

The plaintiff's claim is dismissed on the ground that it is without merit.

arrow