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(영문) 서울중앙지방법원 2018.09.11 2018나21523
양수금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 1,490,716 as well as its full payment from February 21, 2006.

Reasons

1. The Defendant, around January 2001, lost the benefit of time due to delinquency in using the credit card while obtaining a credit card from a foreign exchange credit card company.

The actual tax amount used around that time is 1,490,716 won.

(B) The Plaintiff (hereinafter “instant claim”) transferred the instant claim to Busan Mutual Savings Bank on March 7, 2003 and transferred the instant claim to the Plaintiff, respectively, on March 12, 2004.

On August 26, 2011, the Financial Services Commission decided to transfer a contract to the Plaintiff with the Defendant of Busan 2 Mutual Savings Bank, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry. Accordingly, the said bank and the Plaintiff publicly announced the summary of the decision to transfer contracts in daily newspapers on August 29, 2011.

The actual contents of the claim of this case are as follows: the decision of performance recommendation and the decision of performance recommendation of this case filed by Busan District Court 2006da4087, Busan District Court, Busan District Court 2006da2087, which filed a lawsuit against the defendant; in the above case, the decision of performance recommendation (hereinafter referred to as the "decision of performance recommendation") was finalized on March 7, 2006, with the purport that "the defendant shall pay the amount equivalent to 1,490,716 won and the amount equivalent to 20% per annum from February 21, 2006 to the date of full payment."

On February 12, 2016, the Plaintiff, the final transferee of the instant claim, filed an application for the instant payment order in order to suspend extinctive prescription of the claims finalized by the decision on performance recommendation in the previous lawsuit.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, and 6, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is special.

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