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(영문) 대전지방법원 2020.07.08 2019나2320
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

On March 2003, the Plaintiff obtained a credit card from D Co., Ltd. (hereinafter “D”) and used the credit card. On May 26, 2003, the Plaintiff delayed payment of the credit card price.

D around September 2003, D applied for a payment order against the Plaintiff (the Daejeon District Court 2003 tea1967, the Sejong Special Self-Governing City court 2003Da1967, and the Plaintiff was not served on the Plaintiff) and submitted to the litigation proceedings. The Daejeon Special Self-Governing City court 2003Gaso61, the Daejeon Special Self-Governing City court 2004, "the Defendant (the Plaintiff of this case)" on February 10, 2004 sentenced that "the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (D) 3,950,226 won and 3,785,137 won with the rate of 24% per annum from August 28, 2003 to the date of full payment." The above judgment was finalized on March 7, 2004.

(E) Around February 2004, D merged the credit card payment claim of this case with E (hereinafter “E”) and E transferred the credit card payment claim of this case to F Co., Ltd. on September 14, 2005 (hereinafter “F”).

(hereinafter “Assignment 1 of this case”). On October 20, 2010, F transferred the credit card payment claim of this case to the Defendant (former Trade Name “G Co., Ltd.”).

(2) On September 30, 2013, the Defendant issued a payment order (hereinafter “instant payment order”) stating that the Plaintiff applied for a payment order against the Plaintiff for the payment of the instant credit card payment ( Daejeon District Court 2013 tea9030), and that on September 6, 2013, the Daejeon District Court issued a payment order (hereinafter “instant payment order”) stating that “the Defendant (the Plaintiff) would pay to the Plaintiff (the Plaintiff) 12,954,769 won and 3,785,137 won per annum from the day following the service of the original copy of the payment order to the day of full payment” (hereinafter “the instant payment order”). The Plaintiff did not object to the delivery of the original copy of the instant payment order on September 30, 2013, and was finalized on October 15, 2013.

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