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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.06.16 2016나84834
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 23, 1989, the Defendant entered into a credit card use contract with an external credit card company (hereinafter “foreign exchange credit card”) and started to delay the credit card payment obligation from March 13, 2001 while using the credit card.

(hereinafter referred to as the “instant claim”) b.

The foreign credit card was issued on August 1, 2001 by Seoul Central District Court 2001Da14288 (hereinafter “previous payment order”) and the payment order was issued on August 2, 2001. The payment order was served on the Defendant on August 20, 2001, and was finalized on September 4, 2001.

C. On March 7, 2003, the instant claim was transferred to a limited liability company specializing in the 3rd securitization of the 3rd foreign exchange card system, and to Busan 2 Mutual Savings Bank on March 12, 2004, and the assignment of the claim was notified to the Defendant.

On July 19, 2006, Busan District Court Decision 2006Da178517 (hereinafter "previous lawsuit") filed a lawsuit for acquisition amount (hereinafter "previous lawsuit") and decided on August 2, 2006 that "the defendant shall pay to Busan 2 Mutual Savings Bank 9,812,757 won and interest thereon at the rate of 20% per annum from August 15, 2006 to the date of full payment," and the above decision (hereinafter "previous decision") was delivered to the defendant on August 14, 2006 and became final and conclusive as is August 29, 2006.

E. On August 26, 2011, pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Services Commission decided to transfer all assets and liabilities, including the instant claims, to the Defendant of Busan 2 Mutual Savings Bank, to the Plaintiff. On August 29, 2011, the administrator of Busan 2 Mutual Savings Bank and the Plaintiff jointly announced that the aforementioned decision on the transfer of contracts was made in two daily newspapers pursuant to Article 14-2(2) of the aforementioned Act.

[Ground of recognition] There is no dispute.

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