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(영문) 서울중앙지방법원 2017.09.19 2017가단5002994
양수금
Text

1. Of the instant lawsuit, the sum of the principal and interest of each claim acquired from a lot card as stated in the attached Form No. 15,334.

Reasons

1. In full view of the Plaintiff’s assertion and the statement No. 10 (including the serial number) as to each of the above claims, the part rejecting the claim (the part concerning each claim received from a lot card as stated in the ground for the application) can be seen as a final judgment in favor of the Plaintiff, and it is difficult to view that the claim is a case where there is benefit of lawsuit due to the lapse of the extinctive prescription period, and therefore, the claim is unlawful as there is no benefit of

Thus, the above part of the lawsuit of this case is unlawful and thus dismissed.

2. In full view of the cited parts (other than the foregoing dismissed parts), Gap evidence Nos. 1 through 5, and 7 through 9 (including the provisional number) and the overall purport of the pleadings, the defendant is obligated to pay to the plaintiff the unpaid principal and interest and delay damages as stated in the attached Form No. 2, unless there are special circumstances.

The Defendant asserts to the effect that “the extinctive prescription for each of these claims has expired”.

In full view of the overall purport of the arguments as a result of the submission order of each of the above evidence and each of the instant financial transaction information, it is difficult to view that five years have elapsed from the expiration date of the extinctive prescription period (the expiration date or the expiration date of the period of the loan) to the filing date of the instant lawsuit in the case of each of the bonds acquired from Samsung Card, and that the payment order became final and conclusive in the case of the bonds acquired from the National Card and the New Bank. Thus

If so, this part of the plaintiff's claim is justified and accepted.

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