logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.06.24 2014가단48561
청구이의
Text

1. On April 7, 2008, Korea Asset Management Corporation (Successor: Defendant)’s Branch Branch of Incheon District Court for the Plaintiff.

Reasons

1. Basic facts

A. On June 24, 1993, the Japanese Bank issued a credit card to the Plaintiff. On December 30, 1999, the Japanese Bank transferred the credit (the principal KRW 4,537,648, interest KRW 1,546,538, totaling KRW 6,084,186, and KRW 6,086, and KRW 538) to the Liquidation Corporation, and notified the Plaintiff of the transfer of the claim. On December 28, 200, the Japanese Financial Corporation transferred the instant claim to the Korea Asset Management Corporation and notified the Plaintiff of the transfer of the claim.

B. On March 18, 2008, the Korea Asset Management Corporation filed a lawsuit against the Plaintiff for the payment of the instant claim under Incheon District Court Branch Decision 2008Gaso29280, and on April 7, 2008, the above court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay to the Korea Asset Management Corporation the amount of KRW 11,935,87 and the amount of KRW 4,537,648, calculated at the rate of 18% per annum from February 26, 2008 to the date of full payment” (hereinafter “the decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on May 7, 2008.

C. On August 28, 2012, the Korea Asset Management Corporation transferred the instant claim against the Plaintiff to the Defendant, and the Defendant notified the Plaintiff of the transfer of the claim on behalf of the Korea Asset Management Corporation on September 28, 2012.

On April 30, 2013, the Defendant granted an execution clause for succession to the decision on performance recommendation of the instant case. Based on this, on October 29, 2014, the Defendant issued a seizure and collection order regarding the Plaintiff’s deposit claim against the new bank, etc., as Incheon District Court Branch Branch of Incheon District Court 2014TTTT12823, as the collection order.

[Reasons for Recognition] Class A, Evidence Nos. 1, 2, Eul Nos. 1 through 7, and the purport of the whole pleadings

2. According to the facts established on the basis of the determination of the cause of the claim, the claim in this case is arising from commercial activities and takes five-year extinctive prescription (Article 64 of the Commercial Act). At least the time when the Japanese bank transferred the claim in this case to the Reorganization and Financial Corporation, which was at least the time when it transferred the claim in this case to the Reorganization and Financial Corporation.

arrow