logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.22 2016가단223190
청구이의
Text

1. The Seoul Western District Court issued a payment order against the Plaintiffs by the Defendant and the Defendant succeeding Intervenor.

Reasons

1. Facts of recognition;

A. On June 2006, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) obtained three credit cards from the Industrial Bank of Korea (hereinafter “the instant credit card”) and used them, and Defendant B guaranteed the payment of the instant credit card.

B. On November 3, 2011, the Industrial Bank of Korea transferred the instant credit card price claim to E Limited Company (hereinafter “E”).

C. On March 26, 2014, E filed an application with the Plaintiffs for a payment order seeking the instant credit card payment under Seoul Western District Court Decision 2014Guj27447, and on April 4, 2014, E received from the above court an order for payment (hereinafter “instant payment order”) stating that “the Plaintiffs shall pay to E the amount of KRW 43,433,424 and KRW 30,000,000 per annum from the day after the original copy of the payment order was served to the day of complete payment.” The said payment order was finalized on June 10, 2014.

E transferred the credit card payment claim of this case to the Defendant.

On June 9, 2016, the Defendant re-transfered the above claims to the Intervenor succeeding to the Defendant. On July 8, 2016, the Defendant notified the Plaintiffs of the assignment of claims. During the instant lawsuit, the Defendant was served with a copy of the instant complaint on July 8, 2016.

On July 14, 2016, the notice was delivered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 1, 4, and 8, the purport of the whole pleadings

2. According to the above facts finding as to the plaintiffs' claims against the defendant, since the defendant lost the eligibility to enforce the credit card payment claim (the credit card payment claim of this case) based on the payment order of this case to the defendant succeeding intervenor, compulsory execution against the plaintiffs shall be dismissed.

3. Determination as to the plaintiffs' claim against the defendant succeeding intervenor

A. The plaintiffs alleged by the parties concerned, at the time of the application for the payment order of this case, the plaintiff A's obligation to pay the credit card price of this case is five years.

arrow