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(영문) 제주지방법원 2018.01.11 2017나10862
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of air transport are borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant, while using the KG Investment Securities and Samsung Card, failed to pay the price from January 23, 2002, and May 31, 2002. The LG Investment Securities Co., Ltd. acquired a credit card payment claim from the KG Investment Securities Co., Ltd. on October 24, 2003 by entering into an asset transfer contract with the KG Investment Securities Co., Ltd., and received KRW 3,052,97 of the LG Investment Securities Co., Ltd.’s claim against the Plaintiff on October 24, 2003. The Defendant was notified of the transfer of claim at that time.

3) On January 15, 2007, the Plaintiff filed an order for payment of the above amount of money with Jeju District Court Decision 2007Ra199 on January 18, 2007, and on January 18, 2007, the Plaintiff received an order for payment stating that “the Defendant shall pay to the Plaintiff 3,052,977 won and the amount equivalent to 17% per annum from October 25, 2003 to January 25, 2007 (the delivery date of the duplicate of the instant payment order) and the amount equivalent to 20% per annum from the next day to the day of full payment.” The payment order was finalized on February 9, 2007 on which the Defendant did not raise an objection and the payment order became final and conclusive on February 9, 207. [In the absence of any grounds for recognition, the purport of each entry in Gap evidence No. 1 and No. 2, and the purport of the entire pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the acquisition amount of KRW 3,052,977 as well as damages for delay calculated by applying the ratio of 17% per annum from October 25, 2003 to January 25, 2007, and 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.

2. The defendant's defense of extinctive prescription is defense that the plaintiff's claim of the transferee has expired by prescription.

From January 23, 2002 and May 31, 2002, the fact that the Defendant delayed to pay the card price is as seen earlier, and the fact that the five-year extinctive prescription period as prescribed by the Commercial Act from January 23, 2002 and May 31, 2002 has lapsed at the time of the Plaintiff’s filing of the instant lawsuit is apparent as to the fact that the five-year extinctive prescription period as prescribed by the Commercial Act has lapsed.

Meanwhile, the Plaintiff’s five-year extinctive prescription.

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