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(영문) 서울남부지방법원 2017.09.15 2017나1603

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

1. Basic facts

A. On March 21, 2001, the Defendant used a credit card from Korea Bank Co., Ltd. (hereinafter “Korea Light Bank”) with the credit card and delayed payment from August 23, 2001. The principal of the card price in arrears at the time was KRW 2,500,000.

(hereinafter “instant bank claims”) B.

On January 22, 2002, our bank filed a lawsuit against the defendant for the claim for the payment of credit card bills of this case against the Seoul Central District Court Decision 2002Da1056265, and the above court rendered a judgment in favor of the plaintiff on April 29, 2002, and the above judgment became final and conclusive on May 23, 2002.

C. On February 20, 2001, the Defendant: (a) obtained a credit card from Samsung Card Co., Ltd. (hereinafter “Tsung Card”); (b) delayed payment of the card price from August 31, 2001; and (c) at the time, the principal of the card price in arrears was KRW 4,750,000.

(hereinafter “instant Samsung Card Claim”). D.

Samsung Card filed a lawsuit against the Defendant on October 22, 2001 against the Seoul District Court Decision 2001Da1554434, claiming the payment of the instant Samsung Card’s claim, and the said court rendered a favorable judgment on March 5, 2002, and the said judgment became final and conclusive on March 21, 2002.

E. On October 24, 2003, the Plaintiff acquired the instant claim against the Defendant from the Bank of Korea, and from the Samsung Card, the instant claim against the Defendant, and notified the Defendant of the transfer of each of the instant claim (hereinafter “instant claim for transfer”) by means of content-certified mail on December 18, 2003.

F. On October 24, 2006, the plaintiff filed an application with the court for payment order (2006 tea 21721) against the defendant for the payment of the transfer money claim of this case with the court of this case (2006Gadan 21721) and later brought it to litigation proceedings (2007Gadan15619) and subsequently accepted the plaintiff's claim on April 18, 2007, and the judgment of the first instance court of this case citing all of the plaintiff's claims was sentenced and May 1