過払いの時効の起算点

10分ぐらい前に朝の情報番組(関西ローカル)で過払い金の取り戻しついて弁護士の先生が開設していました。そこで少し気になったことがあります。私がここ最近のどに魚の小骨がひっかかっているような、そんな感じの疑問です。先日の1月22日の最高裁判決はただ単に取引が中断しただけでは、消滅時効は進行しないというふうに読めるからです。時効の進行を始めるが、再借入すれば当然に充当されるとは言っていません。そうすると、貸金業者と明確な取引終了の意思の表示、解約、債務整理通知がなければ時効は進行しないことになります。ただ単にATMで完済し、10年経った場合は、時効は完成していないのでしょうか。判例ではそのように読めるのですが。この点はまた、検討したいと思います。

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