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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.11.22 2018나676
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 6,623.

Reasons

1. Facts of recognition;

A. On January 4, 2002, the Defendant entered into a credit card subscription agreement with the payment bank, whereby the payment date is the 27th day of each month, and thereafter, entered into a credit card subscription agreement with the credit card company with the purchase of goods and services.

B. The Defendant did not pay the credit card payment from May 27, 2002.

C. On February 20, 2003, Choung Bank transferred the credit card payment claim against the Defendant (hereinafter “instant claim”) to the Plaintiff on February 20, 2003 pursuant to an asset-backed securitization plan.

On March 26, 2007, the Plaintiff sent a content-certified mail to the Defendant, the Defendant’s domicile, and notified the Defendant of the transfer of the instant claim at the same time. D.

On June 20, 2007, the Plaintiff filed an application for the payment order against the Defendant (Seoul Southern District Court 2007Guj 4585). On October 25, 2007, the above court decided to refer the case to the litigation, and the above payment order procedure was implemented as the litigation procedure of the first instance court (Seoul Southern District Court 2008Gau4948).

On April 30, 2008, the court of first instance rendered a favorable judgment against the plaintiff that "the defendant will pay to the plaintiff 6,623,080 won and 3,023,49 won per annum from June 21, 2007 to April 26, 2008, and 20% per annum from the next day to the day of full payment" that "the defendant will pay to the plaintiff 6,623,080 won and 3,023,49 won per annum from June 21, 2007 to April 26, 2008."

E. The Plaintiff transferred the instant claims to the intervenors on March 27, 2009 in accordance with the asset-backed securitization plan.

F. On February 12, 2018, the Defendant filed a subsequent appeal against the judgment of the first instance court.

On March 20, 2018, the Plaintiff notified the Defendant of the assignment of claims as of March 27, 2009 by content-certified mail, and the Intervenor submitted an application for succession participation to this court on March 28, 2018, and the duplicate and duplicate of the application for succession participation.

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