beta
(영문) 서울중앙지방법원 2018.11.15 2018가단5063330

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 131,134,208 and KRW 45,427,920 among them, from December 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 16, 2006, the New Card Co., Ltd. (EL branch card Co., Ltd.) filed a lawsuit claiming the amount of using credit cards against the Defendant and rendered a judgment that “the Defendant shall pay to the new card Co., Ltd. the amount calculated by the rate of 28% per annum from April 13, 2006 to the date of full payment of the amount of KRW 9,471,392 and KRW 9,211,272 among them,” which became final and conclusive on June 12, 2007.

(In the latter case, on February 18, 2008, the New Card Co., Ltd. applied for the seizure and collection order against the defendant on the basis of the above judgment claim, and rendered a judgment of February 20, 2008, which rendered a judgment of seizure and collection order on February 20, 2008, and served on the defendant on April 9, 2008.

(The District Court 2008 Taz. 1486). (b)

The National Bank of Korea (the national card of a stock company is merged with the National Bank of Korea), Inc., filed a lawsuit against the defendant for a loan and credit card use-price claim against the defendant, and "the defendant shall pay to the National Bank of Korea 56,179,466 won and 9,500,000 won with 19% per annum from April 19, 2008 to February 3, 2009; 20% per annum from the next day to the day of full payment; 19,817,00 won per annum from April 19, 2008 to the day of full payment; 21% per annum from April 19, 2008 to the day of full payment; 10,180,920 won with each interest of 25% per annum from April 19, 208 to the day of full payment."

(Macheon District Court 2008Gadan124959). (c)

The Plaintiff received from the New Card Co., Ltd. and the National Bank of Korea each of the above judgment claims against the Defendant around June 2013, and the amount of claims as of November 30, 2017 are as follows.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff the total amount of principal and interest of the bonds of KRW 131,134,208 and the principal amount of the bonds of KRW 45,427.