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(영문) 서울중앙지방법원 2016.06.15 2015나62523
양수금
Text

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.

Reasons

1. In full view of the purport of the entire pleadings as to whether the appeal for subsequent completion is lawful, the first instance court rendered a judgment in favor of the Plaintiff on July 16, 2015, when the original copy of the instant payment order and the notice of date for pleading by public notice was served on the Defendant by public notice, and the original copy of the judgment was also served on the Defendant by public notice. The Defendant was aware of the progress of the pleadings and the judgment. On November 3, 2015, the Defendant was served with the original copy of the decision on the seizure and collection order of claim No. 2015, U.S. District Court rendered a delivery of the original copy of the decision on the seizure and collection order of claim No. 2015, U.S. District Court Decision No. 20168, Nov. 6, 2015, which became final and conclusive within 14 days thereafter. In such case, the Defendant did not know that the instant appeal for subsequent completion of the period of appeal was lawful.

I would like to say.

2. Basic facts

A. The Plaintiff’s claim against the Defendant (i.e., the Defendant’s credit card use amount of KRW 2,994,300 (hereinafter “instant credit card use amount”) was overdue due to the use of the credit card issued by Hyundai Card Co., Ltd. around 2002.

Luxembourg Hyundai Card Co., Ltd., on December 18, 2003, transferred in sequence the instant credit card payment claim to the Plaintiff on September 31, 2013, the promotion mutual savings bank Co., Ltd., Co., Ltd., Jun. 15, 201, Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Co., Ltd., Ltd., and D Co., Ltd., Ltd., Ltd. (hereinafter “Co., Ltd.”).

Article 2(1) of the former Act provides that “The principal and interest of the credit card use price of this case in arrears as of December 31, 2014 shall be KRW 9,603,883 (=the interest of KRW 2,94,300 in arrears)” (=the interest of KRW 6,609,583).

B. The defendant's bankruptcy and bankruptcy.

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