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(영문) 서울중앙지방법원 2020.08.20 2019나80956
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts without dispute;

A. The Defendant, on August 2, 1993, issued a credit card from C Co., Ltd. (former D Co., Ltd.) and delayed payment of the credit card amount around that time.

B. On May 4, 1993, the Defendant borrowed five million won from the E Union as of April 30, 1995 on the due date, and failed to repay the borrowed money on the due date.

C. On June 21, 2013, the Plaintiff acquired credit card payment claims against the Defendant from C Co., Ltd., and loans against the Defendant from E Co., Ltd. on June 28, 2013, respectively.

2. Determination:

A. With respect to the Plaintiff’s claim for credit card payments and loan claims that the Plaintiff acquired from C and E associations, the Defendant asserts that each of the above claims has ceased to exist due to the completion of the commercial extinctive prescription.

According to the above facts, it is evident that the application for the payment order of this case was filed on April 30, 1995 with the lapse of five years commercial prescription from April 31, 1995, which was the date when the delay in payment of C price occurred and the due date for repayment of E Union loans from the time when the application for the payment order of this case was filed. Thus, barring any special circumstance, each of the above claims taken over by the Plaintiff shall be deemed to have already been expired.

B. As to this, the plaintiff re-appellants that the period of prescription has been interrupted by the defendant's approval of his/her obligation or the waiver of the prescription benefit

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 6-1, 2, 7, and 8, it is recognized that C Co. filed an application with the Plaintiff for issuance of a debt certificate certificate for each of the above obligations on November 14, 201, when the Defendant did not raise any objection to the payment order, and the payment order became final and conclusive on December 7, 201, and the Defendant submitted an application to the Plaintiff for issuance of a debt certificate for each of the above obligations on October 25, 2017 and May 22, 2019.

However, the application for the above payment order and the confirmation of the above payment order of C Co., Ltd. and the application for the issuance of the defendant's debt certificate is completed.

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