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(영문) 서울중앙지방법원 2017.11.21 2017가단50011

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 2013, the Defendant filed an application with the Plaintiff for a payment order for the amount of money taken over with the Seoul Central District Court 2013 tea3212, and the said court received the payment order on May 14, 2013, “The Plaintiff shall pay to the Defendant the amount of KRW 5,437,371 and the amount of KRW 1,418,740 calculated at the rate of 18% per annum from April 24, 2013 to the date of full payment,” and the Plaintiff received the said payment order on July 23, 2013.

B. Around February 1993, the Plaintiff entered a credit card member with respect to the National Credit Card Co., Ltd. Around 2004, the Plaintiff merged with the National Credit Card Co., Ltd. and transferred the Plaintiff’s credit card credit card claim against the Plaintiff to the Llomon Mutual Savings Bank. At the time of the transfer of the credit, the Plaintiff sent a notice of the transfer to the Plaintiff, stating that “the credit card of the loan, the amount to be repaid, the principal, interest, etc. are separate” in the column for the credit subject to the transfer

After that, the above bonds were transferred in sequence to the administrator of the quasi-o deposit fund, the KFF deposit fund, the KMF deposit resolution, the KFFFF Korea and the defendant in order.

(The date of the acquisition of the Defendant’s bonds). (C)

On the other hand, on December 9, 2015, the Defendant received the Plaintiff’s deposit claim from the Busan District Court 2015TTT 27542, which was based on the instant payment order, as the Busan District Court 2015TT 27542. Accordingly, the Plaintiff appointed an attorney as the applicant agent and filed an application for the change of the scope of seizure B with the Busan District Court. On July 6, 2016, the lower court rendered a decision that “The amount of KRW 2.50,000,000,000,000,000,000,000,000

[Reasons for Recognition] Facts without a partial dispute, Gap evidence No. 1, Eul evidence No. 1-1, Eul evidence No. 2, 3, and 4, the purport of the whole pleadings

2. Determination

(a) In the case of a finalized payment order, the reason that the payment order was not established or invalidated before the issuance of the payment order with respect to the claim which became the cause of requesting the payment order;