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(영문) 서울중앙지방법원 2016.05.19 2016가단5027576
양수금
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 August 23, 1997, the non-party Daegu Bank Co., Ltd. (hereinafter "Tgu Bank") lent KRW 20 million to the defendant. The defendant did not pay the above money and filed a lawsuit seeking the payment of loan under the Daegu District Court Decision 2004Gaga24862. The above court sentenced on May 18, 2004 to the effect that "the defendant would pay KRW 20 million to Daegu Bank and its delay damages." The above judgment became final and conclusive around that time.

B. Nonparty LG card Co., Ltd. (hereinafter “LG card”) concluded a credit card agreement with the Plaintiff around February 22, 1996, and the credit card price not paid by the Plaintiff was KRW 2,012,987 as of March 31, 2005.

C. Samsung Card Co., Ltd. (hereinafter “Tsung Card Co., Ltd”) concluded a credit card agreement with the Plaintiff on the date in distress, and as the Plaintiff did not pay the credit card price, the Daegu District Court rendered an application for a payment order seeking payment of the credit card use price under the 2003T2086 of the permanent permanent branch court of the Daegu District Court.

On August 9, 2003, the Defendant did not raise an objection to the delivery of the original copy of the payment order, “The Defendant did not serve the original copy of the payment order,” and the said payment order was finalized on August 24, 2003.

On May 13, 2005, the Plaintiff acquired each of the claims listed in the above A, B, and C from the Daegu Bank, LG card, Samsung Card, and Samsung Card (hereinafter collectively referred to as the “instant claim for transfer money”), and notified the Defendant thereof on June 16, 2005, pursuant to Article 7(1) of the Asset-Backed Securitization Act.

E. On March 31, 2011, when the Defendant filed an application for adjudication of bankruptcy with the Daegu District Court No. 201Hadan1752, the Defendant issued a debt certificate certificate from the Plaintiff on March 23, 2011. On December 18, 2012, the Defendant’s application for adjudication of bankruptcy was dismissed, and the Plaintiff filed an appeal with the Daegu District Court No. 2013Ra26 on October 17, 201, but the appeal was dismissed on October 17, 2013, and the said decision of dismissal was rejected on November 8, 2013.

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