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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total costs of the lawsuit shall be borne individually by each party.
purport.
Reasons
1. Facts of recognition;
A. The Defendant, around June 28, 2002, obtained a credit card from C Co., Ltd. (hereinafter “C”) and delayed payment of the credit card price.
B. 1) C is a D Co., Ltd. (hereinafter “D”) on May 17, 2016
(1) The credit card user-price claim against the Defendant and all the incidental claims thereof (hereinafter “instant claim”).
(2) On July 7, 2017, when transferring the instant claim to the Plaintiff, D transferred the right to notify the assignment of the claim to the Plaintiff, and on July 27, 2017, the Plaintiff sent the notice of the assignment of claim to the Defendant by content-certified mail.
C. As of September 12, 2017, the principal amount of the instant claim in arrears of the Defendant as of September 12, 2017 is KRW 720,576 for the sum of KRW 1,682,879, unpaid interest, delay damages, etc., and the overdue interest rate C around that time is 29% per annum.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 3 through 7 (including branch numbers), the purport of the whole pleadings
2. As to the legitimacy of the instant lawsuit, the Plaintiff sought payment of the instant claim against the Defendant by the instant lawsuit. On its own initiative, we examine whether the instant lawsuit is lawful.
According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on a final judgment on an individual rehabilitation claim within the objection period; where an application for a final judgment on a final judgment on an individual rehabilitation claim is rejected, any claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)); where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors (paragraph (3)); and when a decision on