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(영문) 서울남부지방법원 2020.08.28 2019나68129

양수금

Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On May 4, 2001, the Defendant concluded a credit card use contract with C Co., Ltd. and issued a credit card and used it.

B. On March 25, 2005, C Co., Ltd. filed an application with the Defendant for a payment order against the Defendant for the payment of the cost of using the credit card (the balance of principal 5,998,300 won and overdue interest thereon; hereinafter “the cost of using the credit card in this case”) under the above credit card use contract (hereinafter “instant payment order”). The above payment order was served on the Defendant on April 12, 2005 and confirmed as it is on April 27, 2005 (hereinafter “previous payment order”).

C. C, on August 22, 2008, with the title of execution of the instant payment order issued on August 22, 2008, as the Daejeon District Court 2008TTT No. 2008TT, which is the debtor, the third debtor, the Republic of Korea, etc., issued a seizure and collection order (hereinafter “instant claim seizure and collection order”). The said order was served on the third debtor around that time.

On September 28, 2010, C Co., Ltd. transferred the instant credit card use price claim to D Co., Ltd., and D Co., Ltd. transferred the instant credit card use price claim in sequence to E Co., Ltd. on December 1, 2011, and E Co., Ltd. to E Co., Ltd. on May 21, 2013, and E Co., Ltd. to F Co., Ltd.

E. On November 10, 2014, F Co., Ltd. filed an application with the Defendant for a payment order seeking the payment of the instant credit card use price, which was acquired by the Seoul Southern District Court 2014Guj67828, and on January 2, 2015, the Defendant filed an objection on January 2, 2015, but on July 8, 2015, rendered a judgment accepting the Plaintiff’s claim under the above court 2015Gau321900, and the said judgment became final and conclusive on September 3, 2015 (hereinafter “instant previous judgment”).

F. Since then, the instant credit card use payment claim, which became final and conclusive by the previous judgment of the instant case, was successively transferred to G Co., Ltd. on March 11, 2016, and on December 27, 2016, G Co., Ltd., a final transferee, was mutually transferred to A on December 27, 2017.