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1. Of the judgment of the court of first instance, the part concerning a credit card use-price claim that was acquired from a new credit card company;
Reasons
1. We examine the legitimacy of this part of the lawsuit ex officio on the part of the credit card use-price claim that was transferred by the new card company (hereinafter “new card”).
The Plaintiff seeks payment of credit card use-price claims that have been acquired from the new card against the Defendant.
Comprehensively taking account of the overall purport of arguments in the evidence No. 1-1, No. 2, No. 3,5, and No. 6, on February 12, 2010, the new card filed an application against the Defendant for a payment order demanding payment of credit card use price (hereinafter “the first payment order”) with the Sungwon District Court, Sungnam-gu, Seoul Special Metropolitan City court (2010 tea), and on February 19, 2010, the court below acknowledged the fact that “the Defendant acquired the credit card’s credit card’s claim against the Defendant for payment of KRW 8,436,838 (i.e., principal interest of KRW 6,177,29,299), and its principal amount of KRW 6,177,299, and KRW 29,000 from February 11, 2010 to the date of full payment, the Plaintiff became final and conclusive on February 19, 2010.
Meanwhile, the records of this case revealed that on December 3, 2013, the Plaintiff acquired the credit card user fee claim against the Defendant from the new card with the Seoul Central District Court (i.e., the principal amount6,177,299, overdue interest of KRW 8,413,613) and the principal amount of KRW 6,17,299 as to KRW 6,17,299 (hereinafter “the second payment order”). The Plaintiff filed an application for the payment order seeking payment of delayed payment calculated at the rate of 17% per annum from December 3, 2013 to the date of full payment (hereinafter “the second payment order”). The court, without service by public notice, could not serve the original copy of the second payment order of this case to the Defendant, and the court, on April 16, 2014, may recognize the fact that it submitted the second payment order application of this case to the Defendant for litigation proceedings pursuant to Article 466(2) of the Civil Procedure Act.
According to the above facts, the above facts of recognition are examined.