(영문) 창원지방법원 2019.01.17 2018나1791 | 리걸엔진

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(영문) 창원지방법원 2019.01.17 2018나1791

양수금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) pursuant to the Asset-Backed Securitization Act, the Plaintiff acquired loans and credit card payment claims against the Defendant by Company D (hereinafter “D”), E Co., Ltd. (hereinafter “E”), and F Co., Ltd. (hereinafter “F”); and (b) notified the Plaintiff of the assignment of claims by being delegated with the authority of notification of the assignment of claims from the said Company; and (c) accordingly, the Defendant is obliged to pay the Plaintiff the acquisition amount of claims and damages

B. The Defendant alleged that there was no notification of the assignment of claims by the Defendant, and the Defendant’s loans to D, E, and F, and credit card payment obligations incurred around October 2001. The Plaintiff applied for the instant payment order after the lapse of five years, which is the commercial extinctive prescription period, and the said obligation expired.

Therefore, the defendant does not have the obligation to pay the acquisition money to the plaintiff.

2. Determination

A. Fact 1) The Defendant entered into a comprehensive passbook loan agreement with D on May 17, 2001 with D on May 17, 2002 with the date of loan, and took out the loan from time to time by means of withdrawal from the above passbook. However, on November 7, 2001, the Defendant did not repay the remainder of the loan by the maturity of the loan. D dealt with the Plaintiff’s account on March 19, 2003, the unpaid loan amount around that time is KRW 3,002,908.2) The Defendant concluded a small-sum credit loan agreement with F on March 9, 2001 with the maturity of the loan, and extended a loan of KRW 470,00,000,000 from March 8, 200, but did not discharge the remainder of the loan by the maturity of the loan until the maturity of the loan.

3. The Defendant concluded a credit card use contract with E on May 23, 1996 and used the credit card, but thereafter, did not pay 20,978,510 won.

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