양수금
1. All of the lawsuits for retrial of this case shall be dismissed.
2. The costs of retrial shall be borne by the defendant (Plaintiff).
purport, purport, ..
Facts identical to the final judgment subject to review are significant or obvious in records in this court.
Samsung Capital Co., Ltd. (hereinafter referred to as " Samsung Capital") made loans to the Defendant on September 11, 2002 at the interest rate of 12% per annum, interest rate of arrears rate of 19% per annum, and due date of September 21, 2003, with the amount of 15,000,000 won (hereinafter referred to as "instant loans").
Samsung Capital, on September 3, 2003, filed a lawsuit against the Defendant seeking the payment of the principal and interest of the instant loan (Seoul Central District Court 2003Dada22280952), and on November 4, 2003, the court rendered a judgment that "the Defendant shall pay to Samsung Capital, the amount of KRW 15,620,670 and the amount calculated at the rate of 19% per annum from May 24, 2003 to the date of complete payment (hereinafter "previous final judgment")."
This judgment became final and conclusive around that time.
On the other hand, Samsung Capital lent 8,957,467 won to the Defendant on June 18, 2003 at an interest rate of 22.1% per annum, overdue interest rate of 29%, and maturity of 21 June 2008.
Samsung Capital was merged on February 1, 2004 with Samsung Card Co., Ltd. (hereinafter referred to as the "Troth Card").
Samsung Card transferred the instant loan claim to Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) on November 11, 2010.
On August 19, 2011, the Solomon Savings Bank filed with the Defendant an application for a payment order claiming payment of the amount calculated at the rate of 29.5% per annum from May 3, 2011 to the day of full payment with respect to KRW 73,179,871 as the cause of the claim for the instant loans and the instant loans separately from the instant loans and KRW 25,93,027.
(Seoul Central District Court 201j. 71091). In litigation proceedings performed without being served on the defendant, the court rendered a judgment ordering the performance of the above amount on November 2, 2011.
(Seoul Central District Court 201da299289, which is the first instance court of the judgment subject to a retrial). On December 26, 2012, the defendant filed a subsequent appeal against the judgment of the first instance on December 26, 2012, and is subject to a retrial.