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(영문) 서울남부지방법원 2018.06.22 2017나4077
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. Basic facts

A. On August 19, 200, the Defendant applied for membership of credit card holders with a credit card and used it with a credit card, and delayed payment from April 27, 2003. The principal of the credit card price in arrears at the time was KRW 1,464,119.

(hereinafter “instant interest bank claims”) B.

On September 26, 2001, the Defendant applied for membership of credit card holders to Han Bank Co., Ltd. (hereinafter “one bank”) and obtained a credit card, and delayed payment from September 30, 2003. The principal of the credit card price in arrears was KRW 2,138,262.

(hereinafter “instant Han Bank Claim”). (c)

Since then, on October 24, 2003, the Choung Bank and Hana Bank notified the Defendant of the transfer of each of the above claims (hereinafter “the instant claim for transfer”) by means of content-certified mail on December 18, 2003. On the same day, the LG Investment Securities Co., Ltd. transferred the instant claim for transfer to the Plaintiff in sequence. The Plaintiff, who was entrusted with the power to notify the assignment of claims by the former transferor, notified the Defendant of the transfer of each of the above claims (hereinafter “instant claim for transfer”).

On September 1, 2006, the Plaintiff filed an application for the payment order against the Defendant (2006 tea 18531) seeking the payment of the instant claim for the transfer money (2006Guide 40091) with this court, and subsequently, was transferred to litigation proceedings (2007Gaide 40091), and was handed down on March 27, 2007 and confirmed on April 14, 2007.

E. On August 28, 2017, the Defendant filed this case’s appeal against the said final judgment.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings

2. According to the facts of the judgment as to the Plaintiff’s cause of claim, the Defendant, barring any special circumstance, shall pay the Plaintiff the principal amount of the instant transfer money = KRW 3,602,381 = the principal amount of the instant transfer bank bonds KRW 1,464,119.

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