Text
1. The judgment of the court of first instance is modified as follows.
Plaintiff
The successor intervenor's claim is dismissed.
2...
Reasons
1. Determination on the cause of the claim
A. As of May 31, 2013, the Defendant obtained a credit card from the Plaintiff and used the credit card. (2) As of May 31, 2013, the principal amount of credit card payment claims against the Defendant is KRW 9,985,721, interest amounting to KRW 33,59,596, and provisional payment claims amounting to KRW 92,180.
(C) On June 21, 2013, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff. On June 23, 2014, the Plaintiff notified the Defendant of the assignment of the instant claim by content-certified mail. 4) On October 31, 2017, the Plaintiff’s succeeding intervenor transferred the instant claim to the Intervenor succeeding to the Plaintiff.
Plaintiff
On January 26, 2018, the succeeding intervenor, who was delegated with the power to notify the assignment of claims by the succeeding intervenor, notified the Defendant of the assignment of claims.
[Ground of recognition] Facts without dispute, purport of whole pleading
B. According to the above facts finding, barring any special circumstance, the Defendant is obligated to pay the Intervenor’s succeeding intervenor KRW 10,077,091 (i.e., the principal amount of credit card payment claim KRW 9,985,721) and damages for delay on the principal amount of credit card payment claim KRW 9,985,721) and the principal amount of credit card payment claim KRW 9,985,721.
2. The defendant's defense is a commercial claim that occurred around 2001 and the extinctive prescription of 5 years has expired prior to the filing of the lawsuit in this case.
According to the facts acknowledged earlier, the statute of limitations for commercial claims of this case is applied to five years in accordance with Article 64 of the Commercial Act as commercial claims.
Furthermore, according to the fact-finding with the plaintiff at the trial of the court, the date of loss of the benefit of the claim of this case can be recognized as the date of December 26, 2001, which is the last settlement date of the defendant. Thus, the due date of the claim of this case has arrived. The plaintiff's lawsuit of this case is five years thereafter.