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(영문) 창원지방법원 2015.10.20 2014나7036
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid under paragraph 2 shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On April 2002, the principal of the credit card payment claim against the Defendant by a foreign exchange credit card company (hereinafter “foreign exchange credit card”) is KRW 1,800,000, and the agreed overdue interest rate is 24% per annum.

(The credit card payment claim of this case). (b)

On March 7, 2003, foreign exchange credit card transferred the instant claim to a limited liability company specializing in the Asset-Backed Securitization Act (hereinafter “special purpose company”) as prescribed by the former Asset-Backed Securitization Act (amended by Act No. 6916, May 29, 2003).

In addition, on May 21, 2004, the special purpose company transferred the instant bonds to Busan 2 Mutual Savings Bank (hereinafter “ Busan 2 Mutual Savings Bank”) and notified the Defendant of the transfer by content-certified mail.

C. On August 26, 2011, the Plaintiff was transferred to the Defendant of Busan Mutual Savings Bank through a decision to transfer a contract to the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act.

On the other hand, on May 3, 2002, the foreign exchange credit card filed a lawsuit against the Defendant with Busan District Court 2002Gaba218877, and the above court rendered a judgment on July 18, 2002 that "the Defendant shall pay to the foreign exchange credit card 2,503,605 won and 1,80,000 won with 24% interest per annum from April 20, 2002 to the date of full payment," and the above judgment became final and conclusive on August 9, 202.

(hereinafter “instant prior suit judgment”). E.

On July 17, 2012, the Plaintiff filed an application for a payment order for the extension of the extinctive prescription of a claim according to the instant judgment, and filed an application for the said payment order on October 11, 2012, which was not served on the application.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, fact inquiry results to Busan District Court, and whole pleadings.

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