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1. Of the instant lawsuits, the lawsuit against the claims acquired from a new card company shall be dismissed.
2. The defendant.
Reasons
1. According to the health records and evidence evidence No. 7 as to the lawfulness of the lawsuit against the claims that the Plaintiff acquired from the new card company among the claims in this case, the new card company requested the Defendant to issue a payment order claiming the above claims under the Gwangju District Court 2013j. 86, Gwangju District Court Mayang-si Court 2013j. 86, and the original copy of the payment order was served on March 16, 2013. The above payment order became final and conclusive on April 2, 2013 due to the Defendant’s failure to file an objection.
According to the above facts, the plaintiff's claim for the payment of the claim that he acquired from the new card company against the defendant in the lawsuit of this case is identical to the payment order already finalized and the subject matter of lawsuit, and the plaintiff can perform compulsory execution with the execution clause granted upon the above payment order finalized as the successor of the above transferor. Thus, the lawsuit of this case is unlawful because there is no benefit of protection of rights.
(In addition, since the above payment order became final and conclusive on April 2, 2013, there is no need to file a new suit with the same content for the interruption of extinctive prescription because the expiration date of extinctive prescription is not imminent). 2. Determination on the remaining claims
A. The judgment on the cause of the claim (Provided, That the creditor shall be the plaintiff, the debtor shall be the defendant, and the claim acquired from the Net Card Co., Ltd.) is without any dispute between the parties, or can be acknowledged in full view of the overall purport of the arguments and the entries in the evidence Nos. 1, 2, 4, 8, 10, and 11, and all the arguments. Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from April 9, 2016 to the day of full payment, which is the day following the final calculation of interest, for the total amount of KRW 3,853,793 and the principal amount of KRW 89
B. As to the judgment on the defendant's defense, the defendant has a lot card by the plaintiff.