양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On April 24, 200, the Defendant issued each credit card from C Co., Ltd. and around September 7, 2000 from D Co., Ltd. (Gu E), and around July 31, 2001 from F Co., Ltd. and did not pay KRW 22,041,942 in total on or around April 2003.
B. On October 24, 2003, G Co., Ltd. received each credit card user fee claim from C Co., Ltd., D, and F Co., Ltd. from each of the above financial institutions. On the same day, the Plaintiff received the credit card user fee claim from G Co., Ltd. (hereinafter “the instant credit card user fee claim”) again, and notified the Defendant of the fact of transferring the claim in accordance with Article 7 of the Asset-Backed Securitization Act.
C. On January 10, 2008, the Plaintiff applied for a payment order against the Defendant with the Suwon District Court No. 2007Da13258, and applied for a payment order with respect to the amount of KRW 22,041,942 from the above court on January 25, 2008 to the delivery date of the original copy of the payment order, and the amount of 17% per annum from the following day to the delivery date of the original copy of the payment order. The Plaintiff received the payment order. The above payment order was served on the Defendant on January 21, 2008 and became final and conclusive on February 5, 2008.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. On the other hand, a final and conclusive judgment has res judicata effect, and in principle, the parties cannot bring a new suit on the basis of the same subject matter of lawsuit as the final and conclusive judgment, or in the case of this case where there are special circumstances such as the interruption of prescription, etc., as in the instant case, there are interests in the lawsuit. According to the above facts of recognition, the defendant is about 17% per annum from October 25, 2003 to January 21, 2008, as the plaintiff seeks, and 17% per annum from the next day to September 30, 2015 and the promotion of the lawsuit under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the plaintiff seeks.