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(영문) 서울서부지방법원 2015.09.04 2014가단239672

양수금

Text

1. The Plaintiff:

A. As to the Defendant Hanjin Co., Ltd., the amount of KRW 43,758,904 and KRW 30,000,000 among them, respectively. < Amended by Act No. 13100, Jan. 1, 2015>

Reasons

1. Basic facts

A. On June 30, 2005, Defendant Hanjin aluminium Co., Ltd. (hereinafter “Defendant Co., Ltd”) applied for membership of the credit card (non-SP) at the Industrial Bank of Korea under the joint and several guarantee of E, and was issued a credit card by the Industrial Bank of Korea.

B. While having been engaged in credit card transactions, the Defendant Company lost the benefit of time by delinquency in payment on the credit card payment date.

C. The Industrial Bank of Korea concluded a credit card sales contract as of November 3, 201 and a contract acceptance agreement as of November 24, 201 with the Plaintiff and the Defendant, and notified the Defendant Company of the assignment of claims to E around January 22, 201, around November 30, 201.

As of September 30, 201, the debt amount of the Defendant Company is KRW 34,95,797 as principal, KRW 5,300,035 as of September 30, 201, and overdue interest (18% per annum) accrued from October 1, 201 to April 17, 201 is KRW 16,031,781.

E. Meanwhile, as the E (hereinafter “the deceased”) died on April 6, 2014, Defendant C and D, who are the deceased’s wife, jointly inherited the deceased’s property. However, on October 30, 2014, the said Defendants received an inheritance limited recognition ruling with the Seoul Family Court Decision 2014Mo30431 that accepted the report on the qualified acceptance of the said Defendants.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 7, and the purport of the whole pleadings】

2. According to the above facts of determination as to the cause of the claim, the defendant company is the principal debtor, and the defendant company is jointly and severally liable with the defendant company to pay the credit card payment amount to the plaintiff within the scope of the property inherited from the deceased, as the heir of the deceased who jointly and severally guaranteed, within the scope of the property inherited from the deceased.

Therefore, the Plaintiff: (i) The Defendant Company received part of the claim from the Plaintiff, among the total debt amounting to KRW 56,287,613 (= principal amounting to KRW 34,95,797; KRW 5,300,035 overdue interest at KRW 16,031,781); and (ii) KRW 43,758,904 (= delay delay delay damages amounting to KRW 30,000,000 out of principal amount).