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(영문) 서울중앙지방법원 2017.12.15 2017나52513
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 7,407,235 as well as the full payment with respect thereto from June 9, 2017.

Reasons

1. Determination as to the cause of claim

A. The defendant on July 29, 1993 (hereinafter "foreign exchange credit card") shall be a foreign exchange credit card company (hereinafter "foreign exchange credit card").

As of December 18, 1997, when a credit card was signed as a member of the credit card and was used with the credit card, the credit card was in arrears in paying the credit card user fee from December 18, 1997. 2) Foreign currency credit card applied for a payment order against the Defendant for the payment order against the Seoul District Court Branch Branch of 2000 tea7800, and the payment order was finalized on November 27, 2000 as is, “the Defendant shall pay to the foreign exchange credit card the amount of KRW 5,275,65 and the amount of KRW 2,540,258 per annum from October 18, 200 to the date of full payment.” The above payment order was served on the Defendant on December 6, 200 and became final and conclusive as is on December 21, 200.

3) On March 7, 2003, foreign exchange credit cards transferred the credit card use price claim against the Defendant to a limited liability company specializing in e.g., exchange card securitization and notified the Defendant of the transfer of the credit on April 24, 2003. On March 12, 2004, the limited liability company specializing in e.g., exchange card securitization shall be Busan 2 Savings Bank Co.,, Ltd. (hereinafter “O. 2 Savings Bank”).

(4) As of December 14, 2015, the Defendant’s credit card use payment remains 7,407,235 won in interest on delay.

5. On the other hand, the Busan 2 Savings Bank was bankrupted on August 16, 2012, and the plaintiff was appointed as the bankruptcy trustee.

B. The judgment of the court below is that the defendant is deemed to have led to the confession of the plaintiff's assertion in accordance with Article 150 (1) and (3) of the Civil Procedure Act, since the defendant did not appear on the date of pleading even after being lawfully served a duplicate of the petition of appeal and the notice of the date of pleading on the date of pleading.

Therefore, the defendant's above 7,407,235 won and the plaintiff's promotion of the lawsuit from June 9, 2017 to the day of complete payment.

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