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(영문) 인천지방법원 2019.04.12 2018나61652

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. C Co., Ltd. was issued a credit card from D (after merger: E) and the Defendant jointly and severally guaranteed the payment obligation of the credit card price.

B. The above credit card payment claim (including principal, interest, and delay damages) was assigned to F on May 20, 2004 to G Co., Ltd. and on May 10, 2006 to G Co., Ltd. (hereinafter “H Co., Ltd.”).

C. On August 13, 2007, G Co., Ltd. filed a lawsuit against C and the Defendant seeking the payment of credit card payment (Seoul Central District Court 2007da2052353, Nov. 22, 2007). On November 22, 2007, the judgment that “the Defendant jointly and severally paid to the Plaintiff (G Co., Ltd.) 32,91,09 won and 9,149,940 won with 20% interest per annum from July 12, 2007 to the day of full payment,” which became final and conclusive around that time.

(hereinafter “Prior Judgment”). In the above lawsuit, the written complaint and the written judgment against the Defendant were served by service. D.

Since then, the above credit card payment claim from G Co., Ltd. to I Limited Company around March 25, 2010, and around September 4, 2014, the Plaintiff was assigned in succession to the Plaintiff, and the Defendant did not have repaid the credit card payment.

E. As above, the assignment of claims made in the order from D to Plaintiff (hereinafter “transfer of claims of this case”) was sent to the Defendant by content-certified mail on October 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. The Plaintiff filed the instant lawsuit for the extension of the prescription period of the final and conclusive judgment rendered in 2007. According to the above facts, the Defendant seeks to pay the Plaintiff the sum of KRW 32,91,09, and the principal amount of KRW 9,149,940 from July 12, 2007 to September 30, 2015, with 20% per annum from July 12, 2007 to September 30, 2015, and from the following day to the date of full payment.