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(영문) 수원지방법원성남지원 2017.05.24 2016가단27909

청구이의

Text

1. The defendant's payment order against the plaintiff of Suwon District Court case 2007Hu1273 was issued.

Reasons

1. Facts of recognition;

A. On May 13, 2005, the Defendant acquired a credit card claim against the Plaintiff, such as the credit card price, from the ELD Card, and notified the Plaintiff of the transfer.

B. After that, on June 18, 2007, the Defendant filed a payment order against the Plaintiff with Suwon District Court Branch Branch 2007 tea1273, and applied for payment order with the said court on July 31, 2007, stating that “the Plaintiff shall pay to the Defendant the amount equivalent to 17,832,639 won and the amount equivalent to 17% per annum from June 18, 2007 to the day of full payment (hereinafter “the instant payment order”).” (hereinafter “the instant payment order”).

C. The instant payment order was served on the Plaintiff on September 14, 2007, and confirmed on September 29, 2007. Accordingly, the Plaintiff repaid the Defendant totaling KRW 11,439,578 over 59 times from December 19, 2008 to April 15, 2013.

As of October 26, 2016, the instant obligation remains the sum of KRW 10,037,641 in principal and KRW 35,438,890 in damages for delay and KRW 45,476,531 in total (i.e., KRW 10,037,641 in total).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff’s assertion argues that, as the Plaintiff’s obligation to the Defendant was reduced or exempted pursuant to the Korea Asset Management Corporation’s personal credit recovery support policy, the Plaintiff paid KRW 11,439,578 to the Defendant, and the Plaintiff fully repaid the Defendant’s obligation so reduced or exempted, compulsory execution based on the instant payment order shall be denied.

3. On the basis of the judgment, it is insufficient to find that the Plaintiff’s evidence alone sufficient to recognize that the obligation to acquire the instant amount was reduced or exempted pursuant to the Korea Asset Management Corporation’s personal credit recovery support policy, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion premised on

However, as seen earlier, the Plaintiff KRW 11,439,578 to the Defendant.