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(영문) 서울중앙지방법원 2017.06.13 2016가단139900
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Evidence No. 1, each entry of evidence No. 1 to No. 1 to No. 6, and the purport of whole pleadings);

A. On December 1, 200, the Plaintiff received 4 million won credit card loans from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) (hereinafter “the instant loan principal and interest claims”) around December 1, 200.

B. On July 27, 2005, Korea Exchange Bank filed a lawsuit against the Plaintiff for the payment of the instant claim with Seoul Central District Court 2005da1714944, and on October 28, 2005, the said lawsuit was initiated by service by public notice, and on October 28, 2005, “the Plaintiff paid to Korea Exchange Bank 5,319,567 won and 4,014,873 won with interest of 24% per annum from February 18, 2005 to the date of full payment,” which became final and conclusive on November 17, 2005.

C. On December 4, 2006, the Korea Exchange Bank transferred the instant bonds to the SP Savings Bank Co., Ltd. (former Switzerland Savings Bank Co., Ltd.: Hyundai Switzerland Savings Bank; hereinafter “SP Savings Bank”) and sent a notice of assignment to the Plaintiff on December 29, 2006.

On October 29, 2015, the SPA Savings Bank transferred the instant bonds to the Defendant, and sent a notice of assignment to the Plaintiff on February 11, 2016.

On September 12, 2016, the Defendant applied for a payment order seeking the payment of the instant claim under Seoul Central District Court 2016 tea347417, and received the payment order on September 30, 2016. On October 10, 2016, the payment order decision reached the Plaintiff on October 25, 2016, and became final and conclusive on October 25, 2016.

(hereinafter “instant payment order”). 2. Determination on the cause of the claim

A. The Plaintiff’s assertion by the parties has already completed the five-year extinctive prescription of the instant claim, and even as of November 17, 2005, the judgment against the Plaintiff rendered by the Korea Exchange Bank against the Plaintiff, the ten-year extinctive prescription should be completed on September 12, 2016.

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