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(영문) 서울중앙지방법원 2017.05.11 2016나30530
양수금
Text

1. The part against the plaintiff among the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed.

Reasons

1. The scope of the judgment in this Court claimed against the defendant for the payment of the claims that the plaintiff received from Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), new banks, and Seoul Surety Mutual Savings Bank. The first instance court dismissed the claims that the plaintiff acquired from Solomon Mutual Savings Bank and accepted the remainder of the claims.

Since only the plaintiff appealed against this, the scope of the judgment of this court is limited to the claims that the plaintiff acquired from Solomon Mutual Savings Bank.

2. We examine ex officio the legality of the instant lawsuit.

According to Article 474 of the Civil Procedure Act, when there is no objection against an order for payment, withdrawal of an objection, or a decision to dismiss an objection becomes final and conclusive, the order for payment has the same effect as a final and conclusive judgment. According to Article 58 of the Civil Execution Act, compulsory execution based on a final and conclusive order shall be conducted by the original copy of the order for payment without the need to obtain an execution clause, but in cases where compulsory execution is conducted on behalf of the party's successors, compulsory execution may be conducted by being granted an execution clause. Thus, in cases where an order for payment has already been finalized, filing

According to the overall purport of Gap evidence Nos. 1, 2, 4, and 7 and the arguments, the defendant delayed credit card payment while entering into a credit card transaction and credit transaction agreement with the Korea Citmon Mutual Savings Bank on August 11, 2006, and ② Solomon Mutual Savings Bank applied for a payment order against the defendant under this Court No. 2008 tea 23869 upon acquiring the above bonds and applying for a payment order against the defendant under this Court No. 2008, Jun. 11, 2008, "the defendant" means the solomon Mutual Savings Bank's KRW 7,335,051 and its KRW 4,62,404 among them.

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