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(영문) 부산지방법원 2018.07.11 2017나10227
신용카드이용대금
Text

1. Revocation of the judgment of the first instance, and all the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Whether a subsequent appeal is lawful;

A. On August 26, 2009, the court of first instance rendered a judgment citing the Plaintiff’s claim on August 26, 2009 after delivering to the Defendant a duplicate of the complaint of this case and a notice of the date of pleading by public notice, and then rendered a judgment citing the Plaintiff’s claim. The original of the judgment also served on the Defendant by public notice. The Defendant is issued a certified copy of the judgment of the first instance court on December 12,

Therefore, the appeal of this case filed by the Defendant within two weeks from December 12, 2017, which became aware of the fact that the judgment of the court of first instance was served by public notice was served by public notice, is lawful. 2. Judgment on the merits of this case

A. The Plaintiff’s assertion 1) The Plaintiff, on November 8, 1999, again transferred the instant credit to the Defendant on the part of the Plaintiff, the Plaintiff asserted that the Defendant was liable to pay the Plaintiff and the Intervenor the amount of the credit card usage fee (hereinafter “the instant credit card”) and the amount of the credit card usage fee in arrears as of May 31, 2013 was KRW 12,153,593, and the Plaintiff transferred the Defendant’s credit card usage fee claim against the Defendant on June 21, 2013 to the National Diplomatic Fund of Korea Co., Ltd. (hereinafter “the instant credit claim”). The Defendant did not assert that the Plaintiff and the Intervenor were liable to pay the Plaintiff the amount of the credit card usage fee (hereinafter “the instant credit card use fee”). Even if the Plaintiff did not claim that the Plaintiff should purchase the instant credit card use the credit card transaction fee and the amount of the damages for delay through the Defendant’s purchase and use of the instant credit card transaction contract and without any negligence.

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