양수금
1. Of the instant lawsuit, the part of the claim regarding the claims Nos. 1, 3, 4, and 5 in the table indicating the cause of the claim shall be dismissed.
1. Determination ex officio as to the claim portion against the claims Nos. 1, 3, 4, and 5 in the table of the grounds for the claim in the instant lawsuit Nos. 1, 3, 4, and 5 (hereinafter “instant claims”)
A. Ex officio, we examine the legality of the part concerning claims Nos. 1, 3, 4, and 5 among the instant lawsuits.
B. According to the evidence evidence Nos. 14 to 17, ① New Card Co., Ltd., the transferor of the instant claim No. 1, filed an application against the Defendant for a payment order seeking payment of credit card use payment on the ground of the claim No. 1 (Cheongju District Court 2011 tea 911), and the payment order was finalized on March 11, 2011 because the Defendant did not raise an objection despite being served with the original copy of the payment order. ② Hyundai Capital Co.,, Ltd., the transferor of the instant three claims filed a lawsuit claiming acquisition of the instant claim against the Defendant on the ground of the claim (Cheongju District Court 201No. 1619, May 7, 2011). The payment order finalized on the ground that the Defendant failed to raise an objection against the Defendant on the ground of the claim for the instant three claims (No. 2011Da161519, Jun. 1, 2011).
C. According to Article 474 of the Civil Procedure Act and Article 5-7 of the Trial of Small Claims Act, the payment order or the decision of performance recommendation shall have the same effect as the final and conclusive judgment.