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(영문) 서울서부지방법원 2017.05.16 2016가단240744
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 33,158,538 and KRW 27,306,99 among them, from March 16, 2004 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit card transaction agreement with Samsung Card Co., Ltd. (hereinafter “Tsung Card”), and entered into a credit card transaction agreement, lost the benefit of time due to non-performance of the transaction payment obligation, etc. and entered into the Dong-si agreement. At the time of March 15, 2004, the amount of the interest in arrears on the above Samsung Card was KRW 33,158,538 (i.e., the principal of the obligation, KRW 27,306,93, KRW 4,604,405, late payment charge, KRW 1,247,140).

B. Samsung Card filed a lawsuit against the Defendant on the claim for the use price of credit card against the same amount as that set forth in the Disposition No. 1, and received a favorable judgment on May 19, 2004, and the judgment became final and conclusive July 7, 2004.

(hereinafter referred to as “instant claim”) a claim based on the judgment. (c)

On December 20, 2005, the instant judgment claim was transferred to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) from Samsung Card Co., Ltd. (hereinafter “ Solomon Mutual Savings Bank”), and each transfer was notified from Solomon Mutual Savings Bank in sequence to the Plaintiff on April 26, 2011.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 3,158,538 won and 27,306,93 won among them with the interest rate of 28% per annum from March 16, 2004 to the date of full payment.

B. The defendant raises a defense that the extinctive prescription of the claim that the plaintiff acquired has expired.

As seen earlier, the fact that the lawsuit for the claim for the transfer of the instant case was filed after the lapse of 10 years from the date on which the judgment became final and conclusive is apparent.

However, if the statement in Gap evidence No. 9 added the whole purport of the pleading, the transferee of the claim shall be the claim bond after the acquisition of the claim by Solomon Mutual Savings Bank around September 2007, which is prior to the expiration of the above extinctive prescription period.

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