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(영문) 서울중앙지방법원 2020.11.27 2020나36375

양수금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a credit card use agreement with the Defendant, and the Defendant purchased the credit of goods and services using the credit card in accordance with the above credit card use agreement.

B. The Defendant lost the benefit of time due to the overdue payment of the credit card around 2008.

C. On February 2, 2009, C transferred the credit card use price claim (hereinafter “instant claim”) to D Co., Ltd. (hereinafter “D”), and C notified the Defendant of the transfer of the credit by content-certified mail on February 6, 2009.

(A) No. 3-d.

D On March 3, 2009, upon receiving a payment order against the defendant as Daegu District Court No. 2009Guj3070, the payment order was issued on March 4, 2009 (hereinafter "the previous payment order"). The previous payment order was finalized on March 31, 2009.

E. On January 29, 2010, D received a seizure and collection order (hereinafter “instant seizure and collection order”) from the Daegu District Court 2010TTT1587, designating the debtor, third obligor E, F organization, G stock company, and H stock company as the executive title of the instant previous payment order as the execution title.

F. On February 2, 2010, the collection order for the instant claim attachment and collection was served on the garnishee E, to the third obligor F organization on February 3, 2010, to the third obligor G Co., Ltd. on February 3, 2010, to the third obligor G Co., Ltd. on February 3, 2010, and was served on the third obligor H Co., Ltd. on the third obligor H Co., Ltd. on March 3, 2010.

G. On December 28, 2011, D transferred the instant claim to the Plaintiff (previous Trade Name: I), and on June 5, 2012, the Plaintiff to whom D’s authority to notify the assignment of claims was delegated, notified the Defendant of the fact of the assignment of claims by content-certified mail.

H. On October 24, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription.

[Grounds for recognition] Each entry of Gap evidence 1 through 8 (including a branch number, if any).