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(영문) 서울중앙지방법원 2018.11.20 2018나10400

양수금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is the plaintiff succeeding intervenor.

Reasons

1. Basic facts

A. A. Around March 30, 1994, the Defendant obtained credit cards from the Choung Bank Co., Ltd. (hereinafter “Daung Bank”) and borrowed KRW 10,000,000 from the Choung Bank on June 20, 1997 at the rate of 4% per annum. < Amended by Presidential Decree No. 15083, Jun. 20, 1998>

The Defendant did not pay credit card payment obligations and loan obligations to Choung Bank. On December 29, 199, the principal of credit card payment obligations in arrears as of December 29, 199 was KRW 1,94,240, and the principal of loan obligations in arrears as of September 8, 1998 was KRW 7,221,692.

(hereinafter referred to as “instant claim”) in total, credit card payment claims and loans claims against the Defendant.

On June 30, 2001, the Choung Bank transferred the instant claim against the Defendant to a limited-liability company specializing in the C-Sabur's ballast and the Primary Asset-backed Securitization (hereinafter referred to as "limited-liability company specializing in asset-backed securitization"). At that time, it notified the Defendant of the assignment of the claim.

C. On November 26, 2003, a limited liability company specialized in securitization filed a lawsuit against the defendant as Seoul District Court 2003da2601429, and on January 9, 2004, the Seoul District Court rendered a judgment that "the defendant shall pay to the limited liability company specialized in securitization the amount of KRW 1,994,240, and the amount of KRW 7,221,692 and the amount of KRW 19% per annum from September 8, 1998 to the date of full payment (hereinafter "the previous judgment of this case"), which became final and conclusive on January 25, 2004.

On October 26, 2009, a limited liability company specialized in securitization transferred the instant claim against the Defendant to the Plaintiff, and around April 3, 2012, notified the Defendant of the assignment of the said claim.

E. On May 27, 2014, the Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 2014Da5606054 for the purpose of suspending the statute of limitations for the claim for the judgment amounting to Seoul Central District Court 2003Gaso260149.