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(영문) 서울중앙지방법원 2018.12.20 2017가단7116
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 12, 2008, the National Dental Fund (hereinafter “National Diplomatic Fund”) received a credit card payment claim against the Plaintiff from C Co., Ltd. (hereinafter “C”) on the part of December 12, 2008. On February 14, 2011, it filed an application against the Plaintiff for a payment order against the Plaintiff for the said payment order. On February 18, 2011, the said court issued a payment order on February 18, 201, and the original copy was served on the Plaintiff on March 24, 2011.

B. On March 25, 2011, the Plaintiff submitted a written objection to the above payment order to the above court. Accordingly, on March 28, 2011, the above case was transferred to an ordinary litigation procedure under the above court No. 2011 Ghana29793, and the National D’s happiness Fund was appointed as the attorney around April 201.

C. On October 20, 2011, the instant case was transferred to the Seoul Central District Court (Case No. 2011 A. 2710847). On March 29, 2012, the said court rendered a judgment that “the Plaintiff shall pay the Plaintiff 9,190,719 won to the National Diplomatic Fund and the amount calculated at the rate of 17% per annum from February 14, 2011 to the date of full payment,” and the said judgment became final and conclusive after the judgment dismissed the Plaintiff’s appeal on the grounds that “the Plaintiff’s failure to observe the period of appeal cannot be deemed a cause attributable to the Plaintiff’s failure to meet its period of appeal,” and the said judgment became final and conclusive.

(hereinafter “Prior Case”). D.

The Plaintiff filed a lawsuit for retrial as to the foregoing final judgment with Seoul Central District Court 2015Na387, but the said court rendered a judgment dismissing the lawsuit on April 24, 2017 on the ground that there is no ground for retrial.

E. The Plaintiff, separate from the instant lawsuit, on January 2016.

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