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(영문) 서울중앙지방법원 2016.06.28 2015가단179086
면책확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 7, 2001, the Plaintiff, with the Peace Bank, intended to use the credit card issued with the PeaceSA credit card (which was changed to Korea’s credit card) and prepared an application for subscription and used the credit card, and did not delay the payment of the credit card.

On December 30, 2003 to the service date of the payment order of this case from December 30, 2003 to the service date of the payment order of this case, 5% per annum, and 20% per annum from the next day to the payment date of the payment order of this case, the e-backed limited company specialized in the e-backed securitization, which received the credit card use fee claim against the plaintiff from our card company, applied for a payment order against the plaintiff that "the payment order of 3,621,233 won and 2,714,986 won was finalized on April 2, 2004.

(In Incheon District Court 2004Gu1775).(b)

Then, the above credit card user-price claim was transferred to the Defendant via the Korea Promotion Savings Bank Co., Ltd., Ltd., and the notice of assignment was duly given to the Plaintiff.

C. The Defendant filed a lawsuit against the Plaintiff seeking the payment of the above transfer money (hereinafter “the instant transfer money”) and rendered a judgment that “the Plaintiff shall pay to the Defendant 9,862,484 won and 2,714,986 won with 20% interest per annum from April 20, 2014 to the date of full payment.”

Seoul Central District Court Decision 2014 Ghana5203738 Decided April 24, 2014, d. May 29, 2014

The Plaintiff filed a discharge and a petition for bankruptcy with the Incheon District Court 2014do568, 2014Hadan5580, and the decision to grant immunity (hereinafter referred to as "decision to grant immunity") on April 29, 2015 is referred to as "decision to grant immunity on the instant case."

(E) The above immunity was determined on May 14, 2015. The list of creditors prepared and submitted by the Plaintiff to the court while granting the above immunity and filing a petition for bankruptcy includes claims, such as the Korea Asset Management Corporation, the National Lottery Fund, etc., but the Defendant’s claim against the Plaintiff is missing.

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