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(영문) 서울중앙지방법원 2017.03.29 2016나53809

양수금

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. On September 12, 2002, the Defendant lost the benefit of time due to the failure to pay two or more installments from November 15 of the same year to the Samsung Capital Co., Ltd. (the trade name was changed to the Samsung Card Co., Ltd. thereafter; hereinafter the same does not distinguish Samsung Capital Co., Ltd. and Samsung Card Co., Ltd. and the Samsung Card Co., Ltd.) by setting the overdue interest rate of 28% per annum, and received and used Samsung Card Co., Ltd. (hereinafter “ Samsung Capital Co., Ltd.”).

Samsung Capital, on March 6, 2003, filed a lawsuit against the defendant for the payment of KRW 4,854,650 in the amount of credit card use under the court 2003 Ghana1287400, and the same year.

5. On 30. 30. The judgment in favor of the Plaintiff (hereinafter “the judgment in this case”) was rendered, and the judgment in this case is in the same year.

6. 27. The decision was finalized as is.

B. Samsung Capital transferred on May 3, 2006, to Solomon Savings Bank, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”), the principal and interest of 8,081,072 won (as of May 30, 2006, the principal and interest of 4,500,000 won and overdue interest of 3,53,772 won and 47,300 won as of May 30, 2006).

C. On November 25, 2009, Solomon Savings Bank filed with the Defendant an application for payment order against the Defendant (hereinafter “application for the instant payment order”) seeking payment of the principal and interest of the instant bonds KRW 12,472,086 (the total amount of principal and interest of KRW 4,500,000 as of November 23, 2009 and overdue interest of KRW 7,972,086 as of November 23, 2009). Accordingly, the Defendant raised an objection on June 1, 2015.

The above court of the same year

8. 27. The ruling dismissing the application for the instant payment order on the ground of the recognition and non-payment of the Solomon Savings Bank, and the above ruling was the same year.

9. 10. A final and conclusive date:

On the other hand, the Solomon Savings Bank transferred the instant claim to the Plaintiff on December 10, 2010, and notified the Defendant of the assignment of claim on May 4, 201.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, and