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(영문) 서울중앙지방법원 2017.12.12 2017가단61387
청구이의의 소
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 June 26, 2003, Hyundai Card Co., Ltd. transferred credit card payment claims against the Plaintiff to the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”), and the Promotion Savings Bank transferred them to the Defendant on June 15, 201, and each of the above assignment of claims was notified to the Plaintiff.

B. On May 23, 2017, the Defendant filed a lawsuit against the Plaintiff seeking payment of “16,504,690 won and damages for delay of KRW 3,629,034” against the Plaintiff transferred from the Promotion Savings Bank as above.

(Seoul Central District Court 2017 Ghana6256040, hereinafter referred to as “related lawsuit”). The above court issued a decision of performance recommendation accepting all the above claims on May 26, 2017, which became final and conclusive on June 15, 2017.

hereinafter referred to as the "decision on performance recommendation of this case".

[Facts without dispute over the basis of recognition, Gap evidence 1, Eul evidence 1-3, the purport of the whole pleadings

2. The Plaintiff’s claim as to the cause of the instant claim is the credit card payment claim of Hyundai Card Company, which was the ground for the instant performance recommendation decision, and this was at least incurred prior to June 26, 2003.

The defendant filed a lawsuit after June 26, 2008 (in the case of commercial claims) or June 26, 2013 (in the case of private bonds), which five years have passed since that date, and ten years have passed since that date, and the decision of performance recommendation of this case was made based on the claim already extinguished upon the completion of the statute of limitations.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

3. Determination

A. According to the evidence Nos. 4 and 5 (including paper numbers) and the overall purport of the pleadings, the promotion savings bank filed a lawsuit against the plaintiff on October 15, 2008 against the plaintiff and obtained a favorable judgment on January 21, 2009 (the Changwon District Court 2008Gau59749), and the above judgment can be acknowledged as the facts established on February 13, 2009.

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