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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On February 10, 1995, the Defendant entered into an agreement with D (hereinafter “D”) on the application for credit card entry, and lost the benefit of time without paying the user fees after obtaining a credit card and using the credit card. As of December 31, 2007, the Defendant was liable to pay the user fees for the credit card use amounting to KRW 16,409,55 (principal interest of KRW 6,160,08, KRW 10,249,467).
B. The Korea Asset Management Corporation: (a) acquired the Credit Card Use Price Claim against D from D; (b) filed a lawsuit against the Defendant as Suwon District Court No. 2008Ga6052; and (c) on April 29, 2008, the Suwon District Court sentenced the judgment that “the Defendant shall pay to the Korea Asset Management Corporation the amount calculated at the rate of 18% per annum from January 1, 2008 to the date of full payment (hereinafter “the judgment in a prior lawsuit”); and (d) the judgment in a prior lawsuit became final and conclusive on May 17, 2008.
C. On September 18, 2012, the Plaintiff acquired the right to notify the instant bonds and the assignment of claims from the Korea Asset Management Corporation, and notified the Defendant of the transfer by content-certified mail on March 3, 2014.
On September 3, 2014, the Plaintiff issued a collection order (hereinafter “order to seize the instant claim”) with respect to each of the Defendant’s third-party obligors (excluding insurance money and deposits prohibited from seizure pursuant to Article 246(1)7 and 8 of the Civil Execution Act, and Articles 6 and 7 of the Enforcement Decree of the same Act) with respect to each of the claims to return deposit against the Defendant’s third-party obligors (hereinafter “Order to seize the instant claim”) with the Seoul Southern District Court 2014TTT17230, which was finalized by the judgment of the previous suit. This was served on the third-party obligors on September 11, 2014.
E. The Defendant’s third obligor at the time of issuing an order to seize the instant claim.