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(영문) 서울중앙지방법원 2015.12.02 2015가단5235769
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that the Plaintiff’s credit card payment obligations as stated in the purport of the claim arising from the use of the credit card issued by the credit card company around 2002 did not have received notification from the transferor that the Defendant acquired the above claim from the transferor, and even if the statute of limitations has expired, the Defendant, the transferee, filed a claim against the Plaintiff, thereby seeking confirmation of the absence of the above obligation.

2. In full view of the purport of the argument in the statement in Eul evidence No. 1, the defendant, after acquiring the above claim, filed a lawsuit against the plaintiff as Busan District Court Decision 2007Da147556, Dec. 26, 2007 against the plaintiff, and the winning decision was rendered on January 19, 2008, and the judgment became final and conclusive on January 19, 2008.

The period of extinctive prescription of a claim established by a judgment is ten years pursuant to Article 165 of the Civil Act, and the above period of extinctive prescription has not yet expired. Therefore, the plaintiff's assertion cannot be accepted.

3. Dismissal of the Plaintiff’s claim

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