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(영문) 서울중앙지방법원 2016.12.28 2016나34228
양수금
Text

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. Basic facts

A. On May 26, 2001, the Defendant obtained and used a credit card from the Choung Bank Co., Ltd. (the changed bank), and the Defendant did not pay the credit card use fee, and the said bank transferred the said credit card to a limited-liability company specializing in the YY 2003. On February 20, 2003, the said limited-liability company was entrusted with the authority to notify the assignment of the credit by the said bank and notified the Defendant of the fact of the transfer of the said credit card on July 11, 2005.

B. On December 7, 2005, the above limited liability company filed a lawsuit against the defendant for the payment of the credit card use price (Cheongju District Court Chungcheong District Court 2005Gaso20092) and rendered a judgment that "the defendant shall pay the above limited liability company 3,31,655 won and the amount calculated by the rate of 6% per annum from February 21, 2003 to November 24, 2005 and 20% per annum from the next day to the date of full payment" and the above judgment became final and conclusive on December 28, 2005.

C. On March 27, 2009, the above limited liability company transferred the credit card use price claim to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims by the limited liability company and notified the transfer of claims. The above notification was delivered to the Defendant by receiving the above transfer notice in the litigation procedure of this case by a document.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff 3,31,655 won and damages for delay calculated at the rate of 6% per annum from February 21, 2003 to November 24, 2005 and 20% per annum from the next day to the day of full payment, unless there are special circumstances.

3. Judgment on the defendant's defense, etc.

A. The defendant's defense of extinctive prescription is a defense that the above claim was extinguished upon the completion of the five-year commercial prescription period, but the above claim becomes final and conclusive by the judgment.

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