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(영문) 부산지방법원 2018.07.26 2018나44739
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. Fact 1) The defendant on April 4, 2000 (hereinafter "LG card") shall be the LG card corporation (hereinafter "LG card").

(2) On October 18, 2002, LG cards entered into an asset transfer contract with LG investment securities company on October 24, 2003 and transferred the above card payment claim against the Defendant. LG investment securities company transferred the above claim against the Defendant to the Plaintiff on the same day, and completed the notification of the assignment of claim to the Defendant on December 18, 2003.

3) On December 1, 2007, the Plaintiff filed an application with the Defendant for a payment order with Busan District Court Decision 2007Hu31354, Dec. 3, 2007, the said court issued an order to pay to the Plaintiff the amount of KRW 6,093,100 and the amount of KRW 17% per annum from October 25, 2003 to the date of delivery of the original copy of the payment order. The said payment order was served to the Defendant on December 10, 2007, and the Defendant became final and conclusive on December 25, 2007 (hereinafter referred to as the “existing payment order”).

(3) On March 27, 200, on April 27, 2000, on April 27, 2000, the date of arrears on April 27, 2003, the date of the first loan (credit card contract) by Han Bank LG card Co., Ltd., Ltd., the Plaintiff’s credit details against the Defendant indicated on the ground of the application attached to the previous payment order, as set forth in the following table: (a) the total amount of outstanding bonds of KRW 2,727,320 on April 30, 203, 203, 3,365,780, 6,093,100, 4).

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

B. The plaintiff filed the lawsuit in this case for the extension of extinctive prescription with respect to the claim for LG card purchase-price among the claim against the defendant, which was finalized by the payment order, and according to the facts acknowledged earlier, the defendant, barring any special circumstances, shall be the plaintiff.

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