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(영문) 서울중앙지방법원 2016.08.31 2016가단5088687
양수금
Text

1. The lawsuit against the claim acquired from Hyundai Capital, among the lawsuit in this case, shall be dismissed.

2. The defendant shall make 1.1 to the plaintiff.

Reasons

1. We examine ex officio the part of the claim that was taken over from Hyundai Capital Capital, as to the legitimacy of the lawsuit.

The Plaintiff seeks to pay the Defendant a loan claim (a claim listed in paragraphs (1) through (8) of the classification of the debt list in paragraph (2) of the attached Table; hereinafter referred to as the “deficial loan claim”). However, taking account of the overall purport of the pleadings in each of the written evidence Nos. 3, 7 through 9, Hyundai Capital may recognize the fact that, upon receiving a payment order for the claim for Hyundai Capital from the Defendant, the Defendant was served with each payment order on August 11, 201 and the payment order became final and conclusive on August 28, 201, Hyundai Capital transferred to the Plaintiff the claim for Hyundai Capital on December 28, 2011.

According to the above facts, among the lawsuit in this case, the part of the claim against Hyundai Capital is identical to each of the above finalized payment orders and the subject matter of lawsuit, and the plaintiff can enforce compulsory execution with the execution clause granted under each of the above payment orders finalized as the successor of Hyundai Capital Capital. Thus, this part of the lawsuit is unlawful because there is no benefit of protection of rights.

(In addition, since each of the above payment orders became final and conclusive on August 11, 201, there is no need to file a new suit with the same contents for the interruption of extinctive prescription because the expiration date of the period of extinctive prescription is not imminent). 2. The reason for the judgment on the claim that was transferred from one card (Provided, That the creditor is the plaintiff, the debtor is the defendant, and the reason for the claim is specified in Paragraph (9) of the attached Table No. 2) can be recognized in full view of the entries in the evidence No. 1 through 3, 5, and 10, and the purport of the whole pleadings, since there is no dispute between the parties, or the whole purport of the pleadings, the defendant shall calculate the final interest on the total of the principal and interest that the plaintiff acquired from one card and the principal of KRW 613,30

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