(영문) 서울동부지방법원 2018.01.17 2017나1808

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(영문) 서울동부지방법원 2018.01.17 2017나1808

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The judgment on the cause of the claim is based on the following facts: (a) around 2002, the Defendant entered into a credit card transaction agreement with the Korean National Bank and obtained credit cards; (b) the Korean National Bank, via the Promotion Savings Bank Co., Ltd., to the Plaintiff; and (c) notified the purport of the transfer of credit card payment claims with the Defendant; and (d) the credit card payment as of October 25, 201, based on the credit card amount in KRW 9,274,437, and the principal amount in KRW 3,068,725, among them, can be acknowledged in full view of the purport of the entire pleadings as stated in the evidence No. 1 or evidence No. 3-2.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 20% per annum from March 15, 2012 to the day of full payment, which is the day following the day when a copy of the instant complaint was served on the Defendant.

2. The defendant's defense is asserted to the effect that the above credit card was used by 2003, and since the credit card was repaid after 2003, the credit card payment was extinguished by the statute of limitations on December 31, 2008.

In light of the fact-finding results on the Promotion Savings Bank Co., Ltd. and the Credit Counseling and Recovery Board of this Court, the defendant can be found to have repaid the credit card payment in installments from July 18, 2006 to July 25, 2008, and the period of extinctive prescription of the above credit was interrupted on July 25, 2008. The plaintiff's lawsuit of this case can be acknowledged to have been filed on November 1, 201, which is five years after the lapse of the above five years. Thus, the plaintiff's re-appeal pointing this out is justified, and the defendant's defense is without merit.

3. If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is concluded.

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