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(영문) 부산지방법원 2020.05.13 2019나50373

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3. Action.

Reasons

1. Facts of recognition;

A. The defendant on February 24, 1993, B Co., Ltd. (hereinafter "B")

2) The Credit Card Use Contract (hereinafter referred to as the “instant contract”)

(B) concluded the credit card payment claim of KRW 5,272,731 (hereinafter referred to as the “instant claim”) and used the credit card payment claim of KRW 5,272,731 (hereinafter referred to as the “principal”).

2) On March 7, 2003, B transferred the instant claim to C Limited Company and notified the Defendant of the assignment of claim on May 26, 2003.

3) A limited liability company shall be Category D Co., Ltd. (hereinafter “D”) on March 12, 2004.

(4) On May 24, 2004, the Plaintiff transferred the instant claim to the Defendant, and notified the Defendant of the fact of transferring the instant claim. After which D transferred the instant claim to E, and notified the Defendant of the fact of transferring the said claim. (4) On November 6, 2017, E transferred the instant claim to the Plaintiff and delegated the notification of transferring the claim to the Plaintiff, and the Plaintiff notified the Defendant of the fact of transferring the claim on the same day.

B. On November 24, 2008, prior to the transfer of the instant claim to E, D, the Busan District Court filed a suit against the Defendant seeking the payment of the instant claim and the delayed payment damages (hereinafter “instant suit”).

On December 12, 2008, the above court made a decision of performance recommendation as requested, and the above decision of performance recommendation was finalized on January 1, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. The Defendant asserts that the Plaintiff’s claim seeking the payment of the instant claim is unlawful, inasmuch as it was exempted from liability upon declaration of bankruptcy and decision on immunity on the instant claim.

If the whole purport of the pleadings is added to the entry of No. 1, the defendant is the Gwangju District Court 9Ha5.