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(영문) 대구지방법원 영덕지원 2018.01.23 2017가단1313
청구이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 30, 2004, the promotion mutual savings bank (the former “Promotion Savings Bank” was changed to the “Promotion Savings Bank Co., Ltd.”; hereinafter “Promotion Savings Bank”) acquired credit card payment bonds held by the National Bank from the National Bank of Korea against the Plaintiff (hereinafter “instant bonds”) from the National Bank of Korea on June 30, 2004.

B. The Promotion Savings Bank filed an application with the Plaintiff for a payment order against the Plaintiff with the Daegu District Court Decision 2007Ra263, the Ulsan District Court Decision 2007Da263, which claimed the payment order against the Plaintiff for the principal amount of KRW 8,689,738 and damages for delay on the principal amount of KRW 4,589,7

On May 23, 2007, the above court ordered payment of the above contents.

(hereinafter “instant payment order”). The instant payment order was finalized on June 13, 2007.

C. On June 15, 201, the Defendant acquired the instant claim from the Promotion Savings Bank.

On February 7, 2017, the Defendant filed an application with the Plaintiff for a payment order ordering the Plaintiff to pay the instant claim KRW 13,521,113 (the additional amount of damages for delay after the instant payment order was issued) and damages for delay in principal amounting to KRW 4,589,762, but filed an application with the Plaintiff for a lawsuit with the lower court, which did not serve the original copy of the payment order.

On July 18, 2017, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 13,521,113 won and the amount calculated by the rate of 15% per annum from July 16, 2017 to the date of full payment.”

(Seoul Central District Court 2017 Ghana614895). [Grounds for recognition] / [In the absence of any dispute, Gap evidence 1, Eul evidence 1 to 3 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The Promotion Savings Bank, the gist of the Plaintiff’s assertion, did not notify the Plaintiff, the debtor, of the assignment of claims while transferring the instant claim to the Defendant.

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