beta
Text
1. Of the instant lawsuit, the amount of “3.3...................................”
Reasons
1. In full view of the Plaintiff’s assertion and evidence No. 8, the part dismissing (attached Form No. 3. 4) (the part claiming the amount of money No. 3. 4) and the Plaintiff’s claim, it can be known that there was a final and conclusive judgment in favor of each of the claims (the claims acquired from the Card Co., Ltd.) in the [Attachment No. 3. 4] loan No. 3 and 4 as to each claim (the claims acquired from the Card Co., Ltd.), and it is difficult to deem that there is a benefit of lawsuit due to the lapse of the extinctive prescription period, and therefore, there is no benefit of protecting the rights.
If so, each of the above claims is unlawful and dismissed.
2. Part on the merits of the case
A. In full view of the purport of the entire pleadings, the facts constituting the same cause of claim (the card transfer theory of KRW 8,00,000 as of July 14, 201) as shown in the separate sheet are acknowledged in the separate sheet Nos. 1, 2-1, 3, 4 (including the provisional number) and 7-1 of the attached sheet Nos. 1, 1, 1, 2-2, 2-2, and 7-1, the Defendant is obligated to pay the Plaintiff the unpaid principal and interest and delay damages as described in the Disposition No. 2, barring any special circumstances.
The Defendant asserts to the effect that “the five-year extinctive prescription for the instant claim has expired, and the three-year extinctive prescription for the interest claim has expired.”
However, according to each of the above evidence, it is difficult to view that the prescription of five years has expired since the lawsuit in this case was filed before the lapse of five years from February 2, 2012, which was the last interest payment date of the defendant's last interest payment due to the debt approval. The overdue interest claimed by the plaintiff constitutes damage claim due to default, and the period of extinctive prescription is five years. Thus, the defendant's above assertion is without merit.
Thus, this part of the plaintiff's claim is justified and accepted.
B. Attached Form 1 No. 1 to claim the amount of “the loan No. 2 of the table No. 3. 1 to the claim.”