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(영문) 서울북부지방법원 2019.07.09 2018가단13162

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the mother of E, who died on January 10, 2013 (hereinafter “the deceased”), and is the only heir of the Deceased.

B. On September 25, 2014, the Defendant acquired F’s credit card payment claim against the deceased (hereinafter “the instant claim”) from F Company F (hereinafter “F”), and filed a lawsuit against the Plaintiff, the heir of the deceased, Seoul Northern District Court 2018Gabu337732, and filed a lawsuit against the Plaintiff on March 20, 2018, “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 29.9% per annum from January 13, 2018 to the day of full payment” (hereinafter “instant performance recommendation decision”). The instant performance recommendation decision became final and conclusive on April 10, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was killed while he was killed in Woman for one year, and there was a credit card debt amounting to approximately KRW 6 million before the deceased’s birth.

No one cannot believe that the deceased’s family member died after hiding the facts.

In addition, the assignment of claims in this case is signed and sealed by Gbu manager H in the transferor column, and H is not the representative of F, and the assignment of claims in this case is not effective.

B. According to the reasoning of the judgment as to Gap evidence Nos. 2 through 4, Eul evidence Nos. 1 through 3, and the fact-finding results and the purport of the argument as to F of this Court, the deceased entered into an I card subscription agreement with F on June 28, 2006 and obtained a credit card and used it. As the deceased delayed payment of the price, the amount of the claim in this case reaches KRW 16,420,370 (including principal principal 6,879,146) as of January 12, 2018. The president JJ of F’s representative director around September 2014.