logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.14 2017가단656
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. On June 14, 2004, the Korea Exchange Bank filed a claim against the plaintiff for payment of credit card use charges with Suwon District Court 2004Ra12959, and the above court issued a payment order stating that "the debtor shall pay to the creditor 28,844,754 won and 25,556,118 won with 24% interest per annum from May 14, 2004 to the date of full payment" (hereinafter "the payment order in this case").

The instant payment order was served on the Plaintiff on June 30, 2004 and became final and conclusive on July 15, 2004.

B. On December 1, 2006, the claims based on the payment order of this case were transferred to Bolo Asset Management Limited Company, to Nlosolo Asset Management Limited Company on December 28, 2006, and to the Union Deposit Limited Company on April 30, 2007, respectively. On July 7, 2009, the Union Deposit Limited Company notified the Plaintiff of the fact that each of the above claims was transferred to the Plaintiff by means of content-certified mail.

C. On June 8, 2009, the Defendant acquired the claim against the Plaintiff from the Co., Ltd. and notified the Plaintiff by content-certified mail on June 23, 2009.

The defendant, as the transferee of the claim based on the payment order of this case, was issued with the succession execution clause, and on August 21, 2009, a certified copy of the succession execution clause against the payment order of this case was served on the plaintiff.

E. The Defendant filed an application for the seizure and collection order with the Seoul Western District Court on November 11, 2009, with the debtor as the plaintiff and the third debtor as the third debtor, as the 14 financial companies, such as the Korea Skick Bank, etc. (2009TTT12760). The above court accepted the above application on November 11, 2009.

The original copy of the above decision was served on the Plaintiff on December 17, 2009.

F. On September 28, 2011, the Plaintiff was declared bankrupt by the Incheon District Court No. 201Hau778, and the decision became final and conclusive on October 13, 201, upon the decision to grant immunity from the Incheon District Court No. 2015, Jan. 28, 201.

The plaintiff at the time of the above bankruptcy and application for immunity, shall list the defendant's claims in this case.

arrow