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(영문) 서울중앙지방법원 2016.07.15 2015가단5190590
양수금
Text

1. The defendant shall pay to the plaintiff KRW 31,970,752 and KRW 10,094,865 among them, from May 22, 2015 to the day of full payment.

Reasons

1. As to the instant lawsuit claiming the return of the claim against the Defendant by asserting that the Plaintiff acquired the claim against the Defendant, the Defendant did not reach the notice of assignment of claim, and thus, the Plaintiff did not have any standing to be a party to the instant lawsuit.

However, in a lawsuit for performance, the standing to sue lies in a person who asserts his/her right to demand performance, which is a subject matter of lawsuit (Supreme Court Decision 2003Da44387 Decided October 7, 2005). The defendant's defense is without merit.

2. Judgment on the merits

A. In full view of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 5, 6, 7, 9, 10, 13, 14, and 15 (including branch numbers), the defendant entered into a credit card membership agreement with EL Card Co., Ltd. on or around June 18, 2003 and received a credit card loan or used a credit card (attached Form No. 1, 2, 3). The defendant entered into a credit card membership agreement with EL Card Co., Ltd. and used a credit card (attached Form No. 4, 4, 6, 7, 9, 10, 13, 14, and 15, and the new card was acquired by transfer between the plaintiff and the new card, and the plaintiff entered into a credit card transfer agreement with EL Card Co., Ltd. on each of the above claims. The defendant's unpaid credit card account statement as of May 21, 2015 is liable to pay the principal and interest to the plaintiff.

B. As to the defendant's defense, the defendant's defense has become extinct by the statute of limitations.

In full view of the contents of evidence Nos. 10 and 13, the principal and interest account statement of the attached Form No. 1, 2, and 3 were due and due and due and due and due and due and due and due dates of the bonds No. 1, 205 against the defendant.

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