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(영문) 제주지방법원서귀포시법원 2016.04.27 2015가단27

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. On October 31, 2008, the Defendant entered into a contract with a new card company (hereinafter “new card”) and a national bank (hereinafter “national bank”) to acquire the following claims against the Plaintiff.

① On June 18, 2002, KRW 468,718, interest5, KRW 546,737, a total of KRW 1,00, interest15,455, ② New Card’s total of KRW 1,50,00, interest KRW 1,913,933, a total of KRW 3,413,933, and KRW 3,413,933 (the Plaintiff’s credit card purchase contract with the National Credit Card Co.,, Ltd. on June 12, 2002 with the National Credit Card Co., Ltd., Ltd., and the National Credit Card Co., Ltd., Ltd. (hereinafter “National Credit Card”) was used in accordance with the credit card purchase contract with the National Credit Card Co., Ltd., Ltd., and the credit card Co.,, Ltd., Ltd.’s principal amount, interest amount of KRW 317,606,217,285, etc. (hereinafter “instant bonds”).

B. The Defendant filed a payment order against the Plaintiff seeking payment of KRW 6,600,673 in total amount of principal and interest of each of the above claims and KRW 3,822,397 in proportion to 17% per annum from March 2, 2010 to the date of full payment. On April 1, 2010, the Defendant received the payment order ordering the payment of the above amount (hereinafter “instant payment order”) from the above court. The above payment order was served on the Plaintiff on March 16, 2010, and was finalized on March 31, 2010.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff merely received automobile installment financing from a new card around June 2002 and failed to repay KRW 546,737,00, and did not have received a credit card issued or a loan from a new card or a national card. 2) The Plaintiff also transferred each of the instant claims to the Defendant.