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(영문) 대구지방법원 2019.01.30 2018나312204
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's vice branch court of the Daegu District Court for the plaintiff.

Reasons

1. On June 18, 2007, the Defendant received an order to pay the Plaintiff a credit card payment order (Seoul District Court Branch Branch Decision 2007Hu1193) from each of the following credit card loans from C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 18,425,612, and KRW 9,301,750, 17% per annum from May 28, 2007 to the day of full payment.” The above payment order was served on the Plaintiff on July 30, 2007, and became final and conclusive August 14, 2007.

(2) On November 21, 2002, 205, 903 won 2,60,352 won 5,106,255 won 2 C loan on April 5, 2004 2,60,350,352 won 5,374,262 won 374,262 won 1,154,262 won 3D credit card loans 4,182,55 won 2 C loan on May 28, 2003, 204 4,182,513 won 4,54,284,864,87,3777,44D loan loans 204,45 won 285,3638,47,47,385 won 204, 2002

2. The parties' assertion

A. The Plaintiff asserts that: (a) the Plaintiff did not prepare an application for credit card issuance or a loan transaction agreement to obtain credit card issuance or loan from C and D; (b) the Defendant did not notify the Plaintiff of the transfer of the above credit card use price or loan claim; and (c) the above credit card use price or loan claim was extinguished after the lapse of five (5) years prior to the application for the instant payment order; (b) the Defendant’s compulsory execution against the Plaintiff should be denied.

B. As to the defendant, the defendant: (1) the plaintiff prepared the above card issuance application or loan transaction agreement, and (2) the defendant did so to the plaintiff.

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