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(영문) 서울중앙지방법원 2019.09.27 2019가단14231
청구이의의 소
Text

1. The plaintiff's claim and motion are dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago120

Reasons

1. Facts of recognition;

A. On January 3, 2001, the Plaintiff entered into a credit card membership agreement with C on the 12th day of each month, wherein the payment date was made, and thereafter, entered into a credit card membership agreement with C on the purchase of goods and services with a credit card.

B. The Plaintiff did not pay the credit card payment from April 12, 2002.

C. On February 20, 2003, C Co., Ltd. transferred credit card payment claims against the Plaintiff to D Limited Liability Company (hereinafter “instant claims”) in accordance with an asset-backed securitization plan.

On March 26, 2007, D Limited Liability Company sent content-certified mail to the Plaintiff, the Plaintiff’s domicile, and notified the transfer of the instant claim to the Plaintiff and notified the Plaintiff of the transfer of the instant claim. D.

D Limited Liability Company filed an application for a payment order (Seoul Southern District Court 2007 tea6528) against the Plaintiff on July 5, 2007. On August 13, 2007, the said court issued a payment order stating that “The Plaintiff shall pay to D Limited Liability Company KRW 5,363,603 and KRW 2,416,65 among them, 6% per annum from July 6, 2007 to the date of delivery of the original copy of the payment order, and 20% per annum from the next day to the date of full payment,” and the said payment order was finalized on September 5, 2007 after served on the Plaintiff on August 21, 2007.

(hereinafter referred to as “prepaid payment order”). (e)

(1) The D Limited Liability Company transferred the instant claim to the Defendant on March 27, 2009 in accordance with the asset-backed securitization plan.

(2) On July 24, 2017, the Defendant filed an application with the Plaintiff for a payment order (Seoul Central District Court 2017 tea317826). On July 24, 2017, the said court issued an order to pay KRW 10,012,558 and KRW 2,416,65 to the Defendant at a rate of 15% per annum from the day following the day on which the original copy of the payment order was served to the day of complete payment, and the said payment order became final and conclusive on August 11, 2017 after it was served on the Plaintiff on July 27, 2017.

(hereinafter referred to as the “instant payment order”). [The grounds for recognition] dispute.

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