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(영문) 부산지방법원동부지원 2020.02.12 2019가단221415
양수금
Text

1. Of the instant lawsuit, the part concerning the claim for transfer money relating to B shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) received a payment order (as of October 30, 2003) from the Jeonju District Court Branch Branch of Seoul District Court (as of October 30, 2003) with respect to the claims, such as credit card use fees, against the Defendant. On November 6, 2004, the former District Court issued a seizure and collection order with respect to the claims against the Defendant C Co., Ltd. (hereinafter “C”), and issued a seizure and collection order with respect to the claims against the Defendant Co., Ltd. (hereinafter “C”), and the above seizure and collection order was served to C on the same day.

B. D Limited Liability Company (hereinafter “Nonindicted Company”) is the B’s above through a assets transfer contract on May 13, 2005.

On June 16, 2005, the notice of assignment of claims was sent to the Defendant by content-certified mail pursuant to Article 7(1) of the Asset-Backed Securitization Act.

As of March 31, 2005, the loan balance ( principal) as of the date of the agreement of creditor financial institutions (as of March 31, 200, separate / unit of provisional payment) Nos. 9,000,000,000 2 E Bank Credit Card No. 1 company-based interest 1 company-based 3,50,000,000 961,7584,761,75884,461,7583 F Card No. 14,830,006,319,319,02021,149,020; 204, 204 B credit card No. 4204, May 11, 201; 2004; 293,349,306, 20034, 207, 375, 297, 375,797, 2797

C. On April 4, 2006, the non-party company filed a lawsuit against the defendant as Jeonju District Court Branch of 2006Kadan1795, and on July 28, 2006, the above court rendered a favorable judgment with the purport that "the defendant shall pay to the non-party company 51,409,616 won and 38,917,729 won with interest of 17% per annum from April 1, 2005 to the day of full payment (hereinafter "the judgment in the previous lawsuit of this case"). The above judgment became final and conclusive on August 29, 2006.

On December 27, 2018, the Plaintiff’s unpaid obligation from Nonparty Company based on the judgment of the previous suit in this case.

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