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(영문) 서울중앙지방법원 2020.04.22 2019나20961
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim and the plaintiff's successor's claim are all dismissed.

3...

Reasons

1. Around October 2007, the Plaintiff filed an application for the instant payment order against the Defendant, but failed to serve the original copy of the payment order to the Defendant for reasons such as the absence of a closed door, and was referred to the instant litigation procedure.

On June 17, 2008, the first instance court rendered a judgment that "the defendant shall serve the defendant with a copy, etc. of the complaint on the method of service by public notice, and that "the defendant shall pay to the plaintiff 32,704,621 won and 15,76,704 won among them at the rate of 17% per annum from October 23, 2007 to the date of full payment."

On December 27, 2018, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff the claim based on the first instance judgment against the Defendant.

On April 3, 2019, the Defendant filed an appeal for the subsequent completion of the judgment of the first instance on April 3, 2019. The Plaintiff’s succeeding intervenor succeeded to the instant lawsuit on October 17, 2019.

[Ground of recognition] Facts without dispute, entry of Gap or evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff and the Plaintiff’s succeeding intervenor transferred the credit card loan principal to the Defendant on May 12, 2001, and received the loan by the Defendant with a credit card issued by C Co., Ltd., ② KRW 2,526,200, ③ the credit card loan principal on December 3, 2001, ③ KRW 1,002,557, ④ the credit card loan principal on March 6, 2002, ④ KRW 1,556,68, ⑤ the credit card loan principal on April 17, 2002, ⑤ the Defendant transferred the credit card loan principal on September 12, 200, KRW 379,20, KRW 7,394, KRW 259, KRW 257, KRW 27575, KRW 278, etc., and the Plaintiff did not notify the Defendant of the purport of the credit card loan loan principal on October 30, 2002, and the Defendant did not notify the Defendant of the above claim for damages.

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