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(영문) 서울중앙지방법원 2019.06.05 2018나50897
양수금
Text

1. Revocation of the first instance judgment.

2. All of the claims filed by the Plaintiff against the Defendant (Appointed Party) and the designated parties.

Reasons

1. Basic facts

A. G, on July 12, 2002, lost the benefit of time by delaying the payment of the credit card using the credit card while having been used by means of issuing a credit card under the name of the said person with the credit card from H Co., Ltd. (hereinafter “H”).

B. On September 18, 2003, H transferred the credit card user fee claim to A (hereinafter “A”) on September 18, 2003, and notified G of the said assignment of claim to G on December 31, 2003.

C. On March 8, 2007, A filed an application with G for a payment order seeking the payment of the acquisition amount due to the acquisition of the credit card user's claim under this court 2007 tea24047. Accordingly, this court sent the original copy of the payment order and the notice of demand procedure to G, but did not serve the original copy of the payment order and the notice of demand procedure. (ii) The above payment order application was submitted to the litigation procedure and proceeded with the court 2007 Ghana2513087. Since G was not served with the duplicate of the complaint and the notice of date for pleading, and the court proceeded with the pleading by service, and on February 28, 2008, "G was delivered with the Plaintiff at the rate of 8,781,727 won and 4,390,711 won, and the judgment was delivered with 25% of the above amount to the Plaintiff at the rate from February 25, 2007 to the day of full payment (hereinafter referred to as "the above judgment").

G died on September 6, 2007, and the deceased's property was jointly inherited by C/13, the spouse of the deceased C/13, the Defendant (Appointed Party), the appointed party, D, E, B, and F, respectively.

[hereinafter] Defendant (Appointed Party) and designated parties are “Defendant (Appointed Party)” (e).

On the other hand, A was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the plaintiff was appointed as trustee in bankruptcy on the same day.

(f) As of November 30, 2016, the principal of the credit card use price in arrears by the deceased G is KRW 4,390,711, and interest is KRW 571,69,00.

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