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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On November 29, 1997, the Defendant entered into a credit card use contract with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and was issued a credit card (B).
The defendant did not pay the credit card use price, and Samsung Card dealt with the claim against the defendant for bad debt on June 30, 2001.
The details of the attempted principal at the time of the bad debt depreciation shall be as shown in the attached Table, such as 17,395,00 won, overdue charge 2,048,325 won, and fees 1,470,603 won, and the lump-sum payment, installment, cash services, and card theory shall be as specified in the attached Table.
(hereinafter referred to as “the credit card payment claim of this case”). B.
Samsung Card filed against the Defendant on March 6, 2001 a claim for payment order (the claim amount: 19,470,828 won and the claim for delay damages at the rate of 29% per annum after filing a lawsuit against the Defendant for the payment of the credit card price of this case (the claim amount: 19,470,828 won and the claim for delay damages at the rate of 17,395,000 won, which appears to be the principal) with the Cheongju District Court 201. The payment order reached the Defendant on March 22, 2001 and was finalized on April 7, 2001.
(hereinafter referred to as “previous Litigation”). (c)
Samsung Card Co., Ltd. entered into an asset transfer contract with ELD Investment Securities Co., Ltd. on October 24, 2003 and transferred the instant credit card payment claim (principal at the time of transfer: 17,321,720 won). ELD Investment Securities Co., Ltd. transferred the instant credit card payment claim to the Plaintiff on the same day, and each of the above assignment claims was notified to the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings
2. Whether the plaintiff filed the instant lawsuit against the defendant on October 16, 2008, and the first instance court served the defendant with a copy, etc. of the complaint by means of service by public notice, and sentenced the defendant on May 11, 2009. The facts that the original copy of the judgment was served on the defendant by public notice on May 15, 2009 are clear in records.
and B.1.