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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.06.21 2017나62
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On November 28, 2006, Samsung Card Co., Ltd. filed an application against the Defendant for payment order claiming payment of credit card use price as Seoul Southern District Court 2006 tea24882.

B. On December 4, 2006, the above court issued a payment order (hereinafter “instant payment order”) to the effect that “the debtor shall pay to the creditor the amount of KRW 5,567,88 and KRW 4,400,000 per annum from November 24, 2006 to the date of full payment.” The above payment order was served on the defendant on December 7, 2006 and became final and conclusive on December 22, 2006.

C. Meanwhile, at the request of the National Bank Co., Ltd., the defendant, the creditor of the defendant, the real estate rental auction was conducted as Seoul Southern District Court C with respect to the real estate No. 2301 in Yangcheon-gu Seoul.

Samsung Card Co., Ltd. filed an application for provisional attachment (Seoul Southern District Court 2006Kadan10132) with a claim amounting to 5,047,435 won for the above real estate based on the payment order claim of this case (Seoul Southern District Court 2006Kadan10132) on May 15, 2006.

E. On December 21, 2006, Samsung Card Co., Ltd. received dividends of KRW 1,637,016 as a person entitled to provisional attachment in the distribution procedure of the above auction case, and appropriated KRW 1,525,937 among them on January 19, 2007 for the repayment of the principal of the instant payment order claim (hereinafter “the instant voluntary auction procedure”), and also appropriated KRW 18,120 for the repayment of principal claim.

F. Samsung Card Co., Ltd. transferred the instant payment order claim as follows, and notified the Defendant of each assignment of claim.

On November 11, 2010, 201, Samsung Card Co., Ltd. 1 Samsung Card Co., Ltd. 2, Solomon Savings Bank Co., Ltd. on December 30, 201, on December 30, 201, the Plaintiff on May 29, 2013, 201

G. The instant payment order claim is KRW 10,883,769, totaling KRW 2,855,973 as of April 18, 2016, and interest KRW 8,027,826.

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