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(영문) 서울중앙지방법원 2021.02.19 2018가단5122345
양수금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C bank”) filed a lawsuit against the Defendant for the payment of credit card bills and household loans (hereinafter “credit card bills, etc.”) with the Seoul Central District Court 2008Ga152380, the Seoul Central District Court. On July 18, 2008, the court of first instance rendered a notice to the Defendant of KRW 25% per annum from April 24, 2008 to the day of full payment, 10,000,000 per annum from April 24, 2008 to the day of full payment, to KRW 21% per annum from April 24, 2008 to the day of full payment, and to KRW 74,766 per annum from April 28, 2008 to the day of full payment (hereinafter “the above judgment to the Defendant”). The court of first instance became final and conclusive as to KRW 10,7466 per annum from April 28, 2008 to the day of full payment”).

B. On April 11, 2018, the Plaintiff filed an application with the Seoul Central District Court for a payment order against the Defendant on the ground that the Plaintiff acquired a credit card payment claim, such as the instant credit card price, from C bank around December 10, 2009. Accordingly, the payment order decision pursuant thereto was the Defendant’s objection and the said demand procedure was converted into the instant litigation procedure.

(c)

1) In the instant case, the Defendant submitted a defense on the completion of the statute of limitations on the instant credit card payments, etc., and the Plaintiff submitted a written judgment in writing to the effect that the interruption of the statute of limitations was proven.

2) Accordingly, the Defendant filed a subsequent appeal against the Seoul Central District Court Decision 2019Na42107 regarding the judgment on the instant prior suit, and the Plaintiff participated in the said appellate trial as a succeeding intervenor of the C Bank, and C Bank withdrawn from the lawsuit.

3) In the course of the appellate trial on September 18, 2020, the conciliation was concluded that the Defendant shall pay the Plaintiff the same amount as the judgment of the previous suit of this case.

[Grounds for Recognition] There is no dispute.

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