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1. The judgment of the first instance shall be revoked;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 7, 2001, the Defendant concluded a credit card use contract with C Bank and issued a credit card and used it.
B.1) On December 30, 2003, D Co., Ltd. acquired 3,405,938 won from C Bank’s credit card loans to the Defendant, and 446,702 won (based on August 29, 2003) as an attempted interest, and C Bank notified the Defendant of the above assignment of credit with content certification around January 27, 2004. On the other hand, D Co., Ltd acquired 5,000,000 won of credit card loans to the Defendant from E Co., Ltd. on June 28, 2003. On July 26, 2003, E Co. notified the Defendant of the above assignment of credit card loans with content certification.
C. 1) D Co., Ltd. (hereinafter “instant previous judgment”) filed a lawsuit against the Defendant for the claim for the amount of the transfer income amount of KRW 8,405,938, which is the sum of the principal claims against C Bank and E Co., Ltd., under the Suwon District Court Branch Decision 2007Gau51592, and won the said judgment (hereinafter “instant previous judgment”).
(2) On November 28, 2007, D Co., Ltd. received a seizure and collection order (hereinafter “distribution and collection order of the instant claim”) from the Daejeon District Court Branching the debtor, the garnishee, the Republic of Korea, etc. as the title of the execution of the previous judgment of the instant case. The said order was served on the Defendant on December 28, 2010, and on November 26, 2010, to the remaining garnishees, respectively.
F Co., Ltd.: (a) from D Co., Ltd. on June 15, 201; (b) from G Co., Ltd. on November 12, 2014; and (c) from G Co., Ltd. F Co., Ltd. on November 12, 2014, the Plaintiff acquired, on November 12, 2014, the credit card bonds (principal principal 3,405,938) from G Co., Ltd. with respect to the Defendant from G Co., Ltd.; and (d) around November 22, 2011, D Co., Ltd sent a notice to the Defendant on the fact of transferring each of the claims by content-certified mail, around December 16, 2014.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7.