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(영문) 서울중앙지방법원 2019.01.11 2018가단5111123
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) D Co., Ltd. (former E Co., Ltd.) held credit card loans against the Plaintiff. On February 7, 2002, D Co., Ltd. notified the Plaintiff of the transfer of the above loans (including all incidental claims, such as interest bonds, etc.; hereinafter “instant loans claims”) to F Co., Ltd. by way of content-certified mail, and F Co., Ltd notified the Plaintiff of the transfer of the instant loans claims by means of content-certified mail to the Plaintiff on February 27, 2003, and it cannot be known whether each of the above notifications reached the Plaintiff.

(2) On November 15, 2005, G Co., Ltd. filed a lawsuit claiming the cost of using credit cards against the Plaintiff as the transferee of the instant loan claim with the Taecheon District Court 2005Da7551, Taecheon-si District Court 2005Da751, and on December 1, 2005, the above court decided to recommend performance on May 3, 2005 that “the Plaintiff shall pay to G Co., Ltd. 7,372,435 won and 3,29,965 won with 28% interest per annum from May 3, 2005 to the date of full payment,” and the above recommendations were finalized on June 2, 2006.

(3) On September 10, 2010, G Co., Ltd. received the claim attachment and collection order against the Plaintiff on September 10, 2010, based on the Cheongju District Court’s 2010TTT 2497.

B. (1) On July 20, 201, G Co., Ltd. notified the Plaintiff of the assignment of the instant loan claim to the Defendant by content-certified mail, and it cannot be known whether the notification of the transfer reaches the Plaintiff.

(2) On December 30, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for the transfer of the instant loan claim (Seoul Central District Court 2015Da35577), and on April 28, 2016, “the Plaintiff shall pay to the Defendant 12,950,785 won and 3,255,565 won with 15% interest per annum from April 23, 2016 to the day of full payment.”

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