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(영문) 서울중앙지방법원 2018.11.16 2018나38255
양수금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed at the trial court, shall be modified as follows:

from the network B.

Reasons

1. Basic facts

A. B entered into a credit card membership agreement with the Japanese bank, and issued a credit card and traded credit cards such as the purchase of goods and services.

B. On September 26, 2003, the Japanese bank transferred the credit card-use claim against B to the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Mutual Savings Bank”) on the ground that B did not pay the credit card user fee in time and lost the benefit of time. On November 3, 2003, the Japanese bank notified B of the transfer of the credit card user fee claim against B by content-certified mail.

C. On August 21, 2007, the promotion mutual savings bank that received the above bonds received the judgment that "B shall pay to the promotion mutual savings bank 9,084,840 won and 5,011,370 won with the interest of 20% per annum from August 4, 2007 to the day of complete payment" and the above judgment became final and conclusive as it is.

On June 15, 2011, the Plaintiff received the claim for the use price of the said card from the promotion mutual savings bank, and notified B of the assignment of the credit by content-certified mail on August 23, 2016.

E. On October 15, 2016, B died, and at the time, the statutory inheritor C and the Defendant (Appointed Party) who is the spouse, and the Appointed D had been appointed. On June 5, 2018, they reported to the Seoul Family Court 2018 D’s 51893, and the said court accepted the said report on August 7, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including branch numbers if there are branch numbers) and the purport of the whole pleadings

2. According to the facts found in the above facts of the judgment as to the cause of the claim, the appointed parties C = 1,577,144 won = 3,680,000 won as requested by the Plaintiff within the scope of the property inherited from the network B, as the Plaintiff seeks within the scope of the judgment finalized.

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