beta
(영문) 서울동부지방법원 2017.06.09 2016나6325

청구이의

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff did not pay the credit card price while having been used with the credit card issued by Choung Bank.

On October 31, 2003, Cho Ho Bank Co., Ltd. transferred credit card payment claims to the Plaintiff to the mutual savings bank promoting credit card payments, and around that time notified the Plaintiff of the assignment of claims.

On June 15, 2011, a mutual savings bank promoting mutual savings bank transferred the credit card payment claim against the Plaintiff to the Defendant again, and at that time notified the Plaintiff of the assignment.

B. On December 31, 2012, the Defendant filed a lawsuit against the Plaintiff for the payment of the acquisition amount of KRW 26,058,787 against the Defendant and damages for delay of the principal amount of KRW 7,94,00,00 among the credit card payment claim amounting to KRW 26,05,787 and the Defendant’s payment of the acquisition amount of KRW 7,994,000 from the Seoul East Eastern District Court (201Da235639, Apr. 17, 2013 (hereinafter “instant payment recommendation decision”), and the said decision became final and conclusive around that time.

C. Before the instant recommendation decision, the payment order (Seoul Western District Court 2005 tea14552), which was filed by the Promotion Mutual Savings Bank against the Plaintiff was served on the Plaintiff on December 5, 2005, and became final and conclusive on December 20, 2005.

The reason for the claim for the above payment order is that because the promotion mutual savings bank received the credit card payment claim against the plaintiff from the promotion mutual savings bank, it would seek payment of the total amount of KRW 13,546,096 and delay damages for the principal amount of KRW 7,94,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including virtual number), substantial facts in this court, the purport of the whole pleadings

2. Determination on the grounds for objection

A. The plaintiff asserts that the existence and amount of the credit card payment claim were not proven, and the defendant did not prove the existence and amount of the credit card payment claim against the plaintiff, based on the aforementioned evidence.