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(영문) 울산지방법원 2016.01.15 2015가단16858
청구이의
Text

1. Ulsan District Court Order 2009Hu5671 dated Dec. 3, 2009 against the defendant's plaintiff was enforced based on the payment order of 2009Hu5671 dated Dec. 3, 2009.

Reasons

1. Basic facts

A. In around 2009, the Defendant filed with the Ulsan District Court an application against the Plaintiff for a payment order on the credit card use fee, which serves as the cause of the claim the following:

On November 11, 2009, the above court ordered the Defendant to pay the amount of KRW 7,398,271 as well as KRW 7,127,342 as interest rate of KRW 29.9% per annum from November 10, 2009 to the date of full payment. The above payment order was finalized.

(Supreme Court Decision 2009Hu5671, supra; hereinafter referred to as the “instant payment order”). - The Plaintiff, upon joining the Defendant’s credit card member, approved the Defendant to faithfully implement each of the provisions of the Credit Card Member Regulations, and agreed to lose the benefit of time and pay the overdue charge of the interest rate determined by the Defendant.

- In using credit cards issued by the Defendant, the Plaintiff urged the Defendant to pay the credit amount due to the failure to pay the amount on the agreed date. However, as of November 9, 2009, the sum of the principal amount of KRW 7,127,342 as of November 9, 2009, overdue interest of KRW 7,398,271 as of December 9, 2009.

- The Plaintiff is obligated to pay the Defendant the overdue card price and the delay damages calculated at the rate of 29.9% per annum for the overdue interest rate.

B. On September 17, 2012, the Plaintiff was granted immunity (Ulsan District Court No. 2010,986; hereinafter referred to as the “instant immunity”), and the said decision became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) The Plaintiff’s assertion (A) does not bear the obligation on the ground that the Plaintiff was issued a credit card as alleged in the cause of the claim for the instant payment order.

(B) Even if not, the Defendant’s claim regarding the instant payment order has not been entered in the creditor list or without being entered in the creditor list or bad faith.

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