청구이의의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff was issued a credit card from the Choung Bank, and as of October 4, 199, the Plaintiff had the principal obligation of KRW 4,276,654 with the credit card payment as of October 4, 199.
B. On June 30, 2001, a limited liability company specializing in asset-backed securitization (hereinafter “C&C”) received the above claim from the K&C on June 30, 2001. On September 22, 2004, the Incheon District Court filed a lawsuit against the Plaintiff on October 13, 2004 against the Plaintiff for the claim for the transfer deposit amount under the Incheon District Court Decision 2004Da436993, and on October 13, 2004, “the Plaintiff shall pay 4,276,654 won to C&C and its amount at the rate of 19% per annum from October 5, 199 to the day of full payment (hereinafter “instant decision on performance recommendation”). The above decision became final and conclusive on November 4, 2004.
C. The above claim was transferred to C&B Investment Loan Co., Ltd., and was subsequently transferred to the Defendant again.
On September 14, 2014, prior to the completion of the statute of limitations for claims based on the final decision on performance recommendation, the Defendant filed an application for a payment order against the Plaintiff for a payment order for the extension of the statute of limitations, and the Plaintiff raised an objection against the above payment order and implemented the litigation procedure of Incheon District Court No. 2014Da53400.
On April 9, 2015, the Defendant was sentenced to the judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 25,510,443 and KRW 4,276,654, an annual interest rate of KRW 17% from August 6, 2014 to the date of full payment.”
The plaintiff appealed and the above case is pending in the appellate court as Incheon District Court 2015Na53254.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3, Eul evidence Nos. 1, 2, 4, Eul evidence No. 3-1 and 2, and the purport of the whole pleadings
2. As long as the Defendant filed a lawsuit for the extension of the statute of limitations for the instant decision on performance recommendation by the Incheon District Court Decision 2014 Ghana53400, the Defendant is determined as to the completion of the statute of limitations in the said lawsuit.