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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. Basic facts
A. On August 7, 2000, the Defendant obtained credit cards (hereinafter “instant credit cards”) from C Co., Ltd. (hereinafter “C”) and used them.
B. On April 15, 2005, C filed an order for payment with the Defendant as Seoul Western District Court Decision 2005Hu6772, Apr. 12, 2005 that “the Defendant shall pay to C 2,652,982 won and 2,528,955 won among them at the rate of 28% per annum from April 10, 2005 to the date of full payment.” The above order for payment was served on the Defendant on May 18, 2005, and became final and conclusive on June 2, 2005.
(hereinafter referred to as “prepaid payment order”). (c)
D Co., Ltd. (hereinafter referred to as “D”) had the title of execution of the prior payment order finalized on March 20, 2009, which became final and conclusive on March 20, 2009, requested the Defendant to issue a seizure and collection order under the Seoul Western District Court 2009TB, Seoul Western District Court 2009TB3403, and received a decision to accept it on March 24, 2009 (hereinafter “instant seizure and collection order”). The original copy of the said decision was served on E Co., Ltd. and F Co., Ltd., Ltd., a third debtor, on March 30, 2009, and the Defendant, the debtor, was not served on May 28, 2009.
D on June 21, 2013, the Plaintiff transferred the instant credit card claim against the Defendant to the Plaintiff, and on June 23, 2014, the Plaintiff, who was delegated with the notification authority by D, sent the said claim assignment to the Defendant by mail proving the content of the credit.
E. On the other hand, as of December 11, 2018, the instant credit card use price remains KRW 10,653,713 (i.e., the principal amount of KRW 2,528,95 (i.e., KRW 8,124,758) and the overdue interest rate of KRW 15% (15% per annum from January 1, 2017).
(f) On December 21, 2018, the Plaintiff filed an application with the Defendant for a payment order ordering the payment of the instant claim under the instant court Order No. 201382458, Dec. 21, 2018, but the Defendant filed an objection and implemented the instant lawsuit.