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1. The defendant's payment order against the plaintiff was based on the Seoul Central District Court Decision 2007Hu37795.
Reasons
1. Basic facts
A. On November 7, 2001, the Plaintiff used a credit card upon entering into a credit card subscription agreement with ELS Co., Ltd. (hereinafter “ELS”) and used it. The amount of credit card payment obligations unpaid as of March 31, 2005 is KRW 7,63,057.
The plaintiff also received a credit card loan around September 25, 2002 from the EL branch card, and on March 31, 2005, the credit card loan debt amount is KRW 191,374.
B. On June 3, 2002, the Plaintiff entered into a credit card member subscription agreement with the Korea Card Co., Ltd. (hereinafter “Korea Card”) and used the credit card. The credit card amount as of March 31, 2005 is KRW 2,497,923.
C. On September 23, 2003, the Plaintiff received a general installment financing loan from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”), and on March 31, 2005, the amount of the loan debt as of March 31, 2005 is KRW 2,362,541.
On May 13, 2005, the Defendant received 12,684,895 won in total from the EL branch card, our card, and Hyundai Capital, 7,633,057 won in credit card loans and 191,374 won in credit card loans against the Plaintiff of EL branch card, 2,497,923 won in credit card payments claims against the Plaintiff of EL branch card, and 2,362,541 won in loan claims against the Plaintiff of Mo Capital, and notified the Plaintiff of the fact that he transferred the credit in accordance with the provisions of Article 7 (1) of the Asset-Backed Securitization Act around June 16, 2005.
E. On December 7, 2007, the Defendant filed an application with the Seoul Central District Court for a payment order of 2007 tea37795 to seek the payment of the instant claim against the Plaintiff, and around January 8, 2008, the payment order stating that “the Plaintiff shall pay to the Defendant 24,53,577 won and damages for delay calculated at the rate of 17% per annum for KRW 12,684,895 from December 7, 2007 to the date of full payment” (hereinafter “instant payment order”).