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(영문) 서울동부지방법원 2017.11.29 2017나22249
청구이의
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff did not pay the credit card price during the use of the credit card issued by Samsung Card Co., Ltd.

Around April 30, 2003, Samsung Card Co., Ltd. transferred the credit card payment claim against the plaintiff to a friendly securitization specialized company, and notified the plaintiff of the transfer of the claim at that time.

B. On March 31, 2008, the Postal Securitization Specialized Co., Ltd.: (a) again transferred the above claims to the Promotion Savings Bank Co., Ltd.; (b) on December 28, 201, the Promotion Savings Bank Co., Ltd.; and (c) on September 26, 2012, IM deposit Co., Ltd. again transferred them to the Defendant; and (b) each of the instant assignment companies notified the Plaintiff of the fact of transferring claims around the date of the said assignment.

C. On July 28, 2013, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff, claiming payment of KRW 32,854,567 of the credit card payment claim and damages for delay against the principal amounting to KRW 8,472,90 of the said credit card payment claim. The said payment order was served on the Plaintiff on July 24, 2013 and finalized on August 8, 2013.

(Seoul Eastern District Court 2013j. 29922, hereinafter referred to as the "instant payment order"). D.

On the other hand, on November 11, 2002, Samsung Card Co., Ltd applied for a payment order against the plaintiff for payment of the above credit card payment order and received payment order from the court. The above payment order was finalized on February 26, 2003.

(J) On December 21, 2010, the Promotion Savings Bank, a stock company, filed a lawsuit on the same content with the Plaintiff and received a favorable judgment on June 13, 201 from the court. The judgment became final and conclusive on July 6, 2011.

(Reasons for Recognition) The fact that there is no dispute over the district court 2011 Ghana 11638. [Grounds for Recognition], Eul evidence 1 to 3 (including paper numbers), significant facts to this court, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's arguments are as follows: the plaintiff will make a credit card after August 2002.

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