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1. Revocation of the first instance judgment.
2. The Defendant’s case against the Plaintiff is Seoul Central District Court No. 2017 teas 66535.
Reasons
1. Basic facts
A. On July 24, 2001, the Plaintiff entered into a credit card membership agreement with C Co., Ltd. (hereinafter “C”) and was issued a credit card by C.
B. A limited liability company (hereinafter “foreign company”) acquired bonds, security rights, and other property rights pursuant to an asset-backed securitization plan to be registered with the Financial Services Commission under the Asset-Backed Securitization Act, and transferred credit card usage fee claims (hereinafter “instant bonds”) from C on February 20, 2003 to the Defendant on November 11, 2005, by means of a certified mail, for the purpose of asset-backed securitization business, such as the management, operation, and disposal of the above securitization assets.
C. On December 5, 2005, the non-party company applied for a payment order seeking the payment of the acquisition amount to the Plaintiff as the Jung-gu District Court 2005 tea10892. The above case of the application for the payment order was submitted to the litigation procedure under the same court 2006 Ghana9555 upon the application for the lawsuit by the non-party company, and on May 28, 2007, "the plaintiff shall pay to the non-party company 3,202,31 won and the amount calculated at the rate of 6% per annum from February 21, 2003 to May 17, 2007, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.
(hereinafter referred to as “pre-trial judgment”) d.
Around March 27, 2009, the Defendant: (a) received the instant claim from the Nonparty Company (hereinafter “transfer of the instant claim No. 2”); (b) around February 10, 2017, the Seoul Central District Court issued an order for payment (hereinafter “instant order for payment”); (c) around February 27, 2017, the said court issued an order for payment to the Defendant to pay KRW 15% per annum for KRW 13,865,34 and KRW 3,202,31 of the Plaintiff’s KRW 13,865,34 and its KRW 3,202,31 from March 8, 2017 to the date of full payment; and (d) the said order for payment was issued on March 7, 2017.