양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. Basic facts
A. The Defendant, on April 192, lost the benefit of time due to delay in the use of credit card by obtaining a credit card from the Gwangju Bank, a stock company, and lost the benefit of time.
A credit card fee used around that time is KRW 1,406,250.
(B) A credit card-based claim (hereinafter referred to as “instant claim”).
On September 5, 2003, the Gwangju Bank transferred the instant claim against the Defendant respectively to the New M&A Co., Ltd., and to the New M&A Co., Ltd on February 28, 2005, the New M&A Co., Ltd. on February 28, 2005. The Il Il Savings Bank transferred the instant claim against the Plaintiff on January 13, 2012, and the KB Savings Bank transferred the instant claim to the Plaintiff on June 3, 2014.
In the instant case, the Plaintiff presented a documentary evidence containing the purport of the notification of transfer regarding the instant claim, which was served on September 4, 2017, during the first instance trial.
C. On November 11, 2008, the mutual savings bank No. 2008Gaso345622 filed a lawsuit against the defendant on the claim for the amount of transfer on January 21, 2009, and the above court rendered a judgment on January 21, 2009 that "the defendant shall pay the amount of KRW 1,406,250 and the amount at the rate of 20% per annum from January 21, 2009 to the day of full payment" (hereinafter referred to as "prior judgment of this case," and "the pertinent lawsuit of this case"). This judgment became final and conclusive on February 13, 2009.
On May 30, 2017, the Plaintiff, the final transferee of the instant claim, filed an application for the instant payment order for the interruption of extinctive prescription of the claim established by the instant prior judgment, and the Defendant raised an objection thereto.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings
2. Determination
A. Determination as to the cause of the claim