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(영문) 부산지방법원 2016.03.17 2015나48143
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The Defendant concluded a credit card use contract with Hyundai Card Co., Ltd. and LG Card Co., Ltd. (hereinafter referred to as “Co., Ltd.”), and used each credit card issued under the contract. On October 24, 2003, the amount unpaid as of October 24, 2003 is KRW 7,649,656, LG card 29,000 based on the principal amount.

(2) On October 24, 2003, the Plaintiff issued a written notice of assignment stating that “LG securities and acquisition companies notify the Defendant of the fact of the said assignment in writing pursuant to Article 7(1) of the Asset-Backed Securitization Act” to the Defendant on December 18, 2003, and notified the Defendant of each of the instant assignment of assignment on the same day.

Article 22(1) of the Civil Procedure Act provides that “The Plaintiff shall pay to the Plaintiff 7,948,656 won and damages for delay from October 25, 2003, which are the day following the date of the assignment of each of the instant claims.” On April 28, 2005, the above court issued a payment order against the Defendant, stating that “The Defendant shall pay to the Plaintiff 7,948,656 won, and 17% per annum from October 25, 2003 to the day of delivery of the instant order, and 20% per annum from the following day to the day of full payment.” The above payment order was served on the Defendant on May 9, 2005, and was finalized on May 24, 2005.”

(hereinafter “instant payment order”). The Plaintiff filed the instant lawsuit for the purpose of extending the prescription period of the instant payment order.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 7, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is the transferee of the credit card price claim of this case unless there are special circumstances.

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