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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 19, 2004 and March 28, 2007, the Plaintiff subscribed to the C Bank (hereinafter “C Bank”) as a credit card holder, and then purchased goods and services using a credit card and did not pay the card price on the agreed date. C Bank did not make a credit card payment against the Plaintiff on December 27, 2010, to pay to the Plaintiff the payment order (Seoul Central District Court Decision 201Da204880, Dec. 31, 2010) stating that the Plaintiff shall pay the amount calculated at the rate of 28% per annum from December 28, 2010 to the date of full payment of the principal amount of KRW 46,922,393 as of December 27, 2010 and the Plaintiff’s child did not receive the payment order as of December 31, 2010, but the Plaintiff’s child did not receive the payment order as of December 1, 2017.
(hereinafter “instant payment order”). B.
Around September 30, 2011, C Bank transferred the Plaintiff’s credit card use price claim against D Limited Company (hereinafter “E”) to D Limited Company. D Limited Company transferred the claim against the Plaintiff to F Co., Ltd. (hereinafter “F”) on July 31, 2015. On September 18, 2015, F Company notified the Plaintiff of the transfer of the claim and received the Plaintiff’s child on behalf of the said transferor on September 25, 2015.
The F finally transferred the above credit to the Defendant on May 1, 2016, and the Defendant notified the Plaintiff of the assignment of credit on behalf of the said transferor, and the notification was sent to the Plaintiff around that time.
C. On March 15, 2016, the Plaintiff declared bankruptcy and filed an application for immunity with Suwon District Court 2015do644 and 2015Hadan644. The above court rendered immunity on March 15, 2016 and the said immunity became final and conclusive on March 30, 2016. The list of creditors submitted by the Plaintiff at the time of application for immunity was omitted in the list of creditors.
The defendant, on November 30, 2017, has succeeded execution clause against the payment order in this case.