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(영문) 서울동부지방법원 2017.07.14 2016가단143667
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on March 20, 2012 by the Seoul Eastern District Court (Seoul Eastern District Court) 201Hu45325 on March 20, 2012.

Reasons

1. Basic facts

A. The Plaintiff was in arrears using a credit card from the Korea Exchange Bank, which was issued by the Korea Exchange Bank. The principal of the card price in arrears as of December 10, 201 is KRW 14,094,366.

hereinafter referred to as "the card price claim (debt) of this case"

B. On November 3, 2006, Korea Exchange Bank transferred the instant card purchase-price claim to the Ganyang Mutual Savings Bank. On July 29, 2010, Kanyang Mutual Savings Bank again transferred the said claim to the Defendant on July 29, 2010, and on September 10, 2010, Kanyang Mutual Savings Bank and Kanyang Mutual Savings Bank notified the Plaintiff of each of the above assignment claims.

C. On December 12, 2011, the Defendant filed an order against the Plaintiff to pay the principal and interest of the instant card purchase-price claim with this Court Order 201 tea45325, and applied for payment order from the said court on December 26, 2011, the obligor (the Plaintiff of this case) shall pay to the obligee of this case the damages for delay calculated at the rate of 24% per annum from December 10, 2011 to the date of full payment with respect to KRW 41,094,366 and KRW 14,094,366.

‘The payment order of this case' is ‘the payment order of this case'.

Upon receipt of the above payment order on March 10, 2012, the above payment order was finalized. [The grounds for recognition: the entries in Gap evidence 1-1, 2, and Eul evidence 1-4, and the purport of the whole pleadings.]

2. The assertion and judgment

A. The plaintiff's gist of the plaintiff's assertion is as follows, and the plaintiff seeks non-permission of compulsory execution based on the payment order of this case.

First, the plaintiff was not notified of the assignment of claims by the Korea Exchange Bank, the Korea Exchange Bank, and the Yangyang Mutual Savings Bank.

Second, the extinctive prescription of credit card payment claim of this case was completed.

B. The fact that the Korea Exchange Bank, the Korea Exchange Bank, and the Yangyang Mutual Savings Bank, which judged the defect in the notification of the transfer, notified the transfer of claims in accordance with the content certification, is as seen earlier, under special circumstances.

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