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(영문) 서울중앙지방법원 2016.07.14 2016나2375
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. Basic facts

A. B signed a credit card subscription agreement with the Japanese bank Co., Ltd. (hereinafter “Japan”) on October 27, 198, and used credit cards (credit card number C).

After that, B entered into a credit card holder subscription contract with the Japanese bank on January 1, 1992 and used another credit card (credit card number D).

At the time of entering into each of the above credit card holders agreement, the defendant shall enter the application form for admission of bank credit card holders (certificate No. 7) as a family member.

(The application for the membership of each bank is not stated as a joint guarantor by the defendant.)

On November 9, 2004, the Japanese bank transferred credit card payment claims against B (hereinafter referred to as the “instant claims”) to the Social Co., Ltd. (hereinafter referred to as the “Dongyang Korea”) that took place.

On January 18, 2005, the same social group was entrusted by the Japanese bank with the authority to notify the assignment of claims, and sent to B a notice of the assignment of claims indicating the above assignment of claims by content-certified mail. The above notice of assignment of claims reached B around that time.

C. On November 12, 2007, the Eastyang social group filed a lawsuit against the Defendant seeking the payment of the principal amount of the instant claim 8,698,873 won with the Jeonju District Court 2007Gauri93, which sought the payment of the principal amount of the instant claim, and interest in arrears, etc.

On April 16, 2008, the above court rendered a judgment citing the claim of the social group of the Eastyang Korea (hereinafter “the judgment of the court of appeal”), and the above judgment was finalized on May 14, 2008.

After that, on November 1, 2010, the social community of the Eastyang transferred the instant claim to Tyman Loan Co., Ltd. (hereinafter “Tyman Loan”).

Tyman loan is delegated with the authority to notify the assignment of claims from the Eastyang social group, and on November 18, 2010, to B, and on December 1, 2010, to the Defendant by content-certified mail.

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