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(영문) 서울남부지방법원 2017.07.07 2017가단200355
청구이의
Text

1. The Defendant’s claim against the Plaintiff against Seoul Southern District Court on August 21, 2015 (2015 tea 47379).

Reasons

1. The parties' assertion

A. The Defendant’s assertion that the Plaintiff received a card loan following the issuance of Samsung Card around May 200, and thereafter, the Defendant’s claim was transferred in sequence around May 2003, May 2003, May 2008, and March 2012.

Therefore, the plaintiff is obligated to pay the principal and interest of the above bonds to the defendant who is the final transferee.

B. The Plaintiff’s assertion prepared an application for Samsung Card entry upon the request of the former husband, but the said claim was completed ten years after the lapse of ten years since 2003.

2. The Plaintiff received credit cards from Samsung Card Co., Ltd. on or around May 2000, and thereafter received a credit card loan thereafter, there is no dispute between the parties, but there is no evidence to acknowledge that the Defendant received a credit card loan from the above Samsung Card Co., Ltd.

[Defendant filed an application with Seoul Southern District Court for a payment order (2015 Before August 10, 2015, the Plaintiff served the original copy of the payment order and sent it to Defendant on the end of August 2015. However, it is insufficient to recognize that Defendant acquired the above credit solely on such circumstance. Even if the Defendant received the above credit card loan and interest, as the Defendant claimed, since Samsung Card Co., Ltd applied for the above payment order more than 10 years after the payment period of the above credit was over 2003 when the above credit was transferred, the above credit had already been completed before the above payment order was applied for, and there is no evidence to acknowledge it. Accordingly, the Defendant’s claim against the Plaintiff is not recognized as a claim against the Plaintiff, and it is not effective as a compulsory execution against the Plaintiff.

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