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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 10,559.
Reasons
1. Basic facts
A. On December 17, 200, the Defendant: (a) applied for a credit card to Hyundai Department Store Co., Ltd. (hereinafter “former Department Store”); and (b) did not pay the credit card price in arrears; (c) the principal of the card price in arrears was KRW 3,151,054.
(hereinafter “instant claim”). (b)
On February 27, 2002, the modern department store filed a lawsuit against the defendant to claim the payment of the claim of this case by Busan District Court Decision 2002Da100563, and the defendant did not object to the decision of performance recommendation as of March 6, 2002, and the decision of performance recommendation as of March 21, 2002 (hereinafter "the decision of performance recommendation of this case") became final and conclusive.
C. Since June 30, 2004, Hyundai department stores transferred the instant bonds to the Identity M&P Co., Ltd. (hereinafter “NewwonM”), and the identity M&P transferred the instant bonds in sequence to C on March 9, 2007.
C On August 13, 2009, the Busan District Court applied for grant of succession execution clause as the transferee of the instant claim and received the succeeding execution clause on August 17, 2009. On October 6, 2009, the Daegu District Court issued a seizure and collection order of the Defendant’s deposit claims against Gyeongnam Bank Co., Ltd. as the title of execution. The above order was served on the Defendant on November 10, 2009.
E. On September 14, 2011, C transferred the instant claim to the Plaintiff in sequence, on May 25, 2012, 201, for EPFF loan (hereinafter “EPF loan”); for EPF loan, on May 25, 2012, for EPFF loan (hereinafter “NFF loan”); and for EPFFF loan, on April 14, 2014, for EPF loan, the instant claim was transferred in sequence to the Plaintiff.
F. On July 17, 2014, the Plaintiff filed a lawsuit against the Defendant on the instant claim for the acquisition amount against the Defendant “the amount calculated at the rate of 20% per annum for KRW 10,559,021 and for KRW 3,151,054,” and filed the Plaintiff’s claim on October 15, 2014.