양수금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
ex officio, we examine the legitimacy of the instant lawsuit.
The following facts may be acknowledged in full view of the facts that there is no dispute between the parties, and the entries in Gap evidence Nos. 1, 2, and 3 in this court, and the purport of the whole pleadings:
On July 13, 1993, the Defendant received a credit card from the Jeju Bank (hereinafter “Seoul Bank”) and made a loan from the Jeju Bank (hereinafter “the instant loan”) on February 28, 1994 by using the credit card, but lost the benefit of time due to delay in repaying the principal and interest of the instant loan.
On December 30, 199, Japan Bank transferred the instant loan claims to the Reorganization Bank, and notified the Defendant of the assignment of claims at that time. On December 28, 2000, the Reorganization Bank notified the Korea Asset Management Corporation of the assignment of claims. On January 22, 2013, the Korea Asset Management Corporation transferred the instant loan claims to the Plaintiff (the former trade name: Emats Loan Co., Ltd.) in sequential order, and on January 22, 2013, the Korea Asset Management Corporation notified the Defendant of the respective assignment of claims.
On the other hand, the Korea Asset Management Corporation received a full favorable judgment on March 8, 2005 after requesting the payment of the loans of this case against the defendant as Seoul Central District Court 2005da103256, and the judgment became final and conclusive on April 7, 2005.
After having granted the above Seoul Central District Court 2005 Ghana 103256 execution clause on the case, the Plaintiff applied for a seizure and collection order on August 8, 2014 with respect to the Defendant’s deposit repayment claim against the Defendant’s National Bank as Seoul Western District Court 2014TB1, and the above court issued a seizure and collection order on August 12, 2014. The above court issued a seizure and collection order on August 18, 2014, and the above seizure and collection order were served on the Defendant’s bank and the Defendant on October 24, 2014, respectively.
The instant lawsuit was filed on September 12, 2016.
In the case of a final and conclusive judgment, the winning person has the same effect as the winning person in the final and conclusive judgment.