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(영문) 서울중앙지방법원 2014.12.17 2014가단141947
청구이의
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. 1) Samsung Card Co., Ltd. (hereinafter “Tsung Card”)

On November 28, 2003, the Seoul Southern District Court filed a lawsuit against the plaintiff for the payment of credit card bills with the Seoul Southern District Court. On May 21, 2004, the above court rendered a judgment that "the plaintiff shall pay to Samsung Card the amount of KRW 32,620,693 and KRW 23.9 million per annum from November 15, 2003 to the date of full payment" and the above judgment became final and conclusive on June 9, 2004 (Seoul Southern District Court 2003Da73099, hereinafter referred to as "first judgment").

(2) On December 20, 2005, Samsung Card transferred the principal and interest of the first judgment against the Plaintiff to Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”), and on February 6, 2006, Solomon Mutual Savings Bank sent a notice of assignment of the Samsung Card’s notice of assignment (a) notifying the Plaintiff of the above transfer (a notice of the assignment of the Samsung Card’s signature on Samsung Card’s column) to the Plaintiff.

3) On May 23, 2007, Samsung Card issued a new notice of the assignment of the above claim to the Plaintiff on or around May 23, 2007. (B) On November 20, 2007, Solomon Mutual Savings Bank applied for a payment order against the Plaintiff to the Seoul Central District Court for the payment order against the Plaintiff, but it was brought to the litigation procedure impossible to be served. On July 18, 2008, the above court rendered a judgment that "the Plaintiff shall pay to Solomon Mutual Savings Bank the amount of KRW 54,055,079 and the amount of KRW 23,90,000 per annum from November 15, 2007 to the date of full payment." The above judgment became final and conclusive on August 7, 2008.

(Seoul Central District Court Decision 2008Da130328, hereinafter “the Second Judgment”) 2) The Solomon Mutual Savings Bank transferred the principal and interest of the second judgment to the Defendant on April 26, 201, and around May 6, 2011, sent a notice of assignment notification to the Plaintiff on August 1, 201. (3) The Defendant sent the notice of assignment notification to the Plaintiff on August 1, 201.

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