양수금
1. The Defendant shall pay to the Plaintiff KRW 48,067,877 and KRW 16,583,060 among them, 17% per annum from September 2, 2014 to the date of full payment.
1. On the basis of the agreement date of the lending of a financial institution, the agreed amount of the loan, total of the agreed amount on the date of the lending of the financial institution, the total of which is 26,875,5402 17,50,500,000 16,583,060 31,484,817,817 48,067,877,8773/310,820,000 10,292,482,480,613,673,32,906,153 total of 26,875,540,498,490,80,974,030 LG cards and Samsung cards, concluded a loan agreement with B as listed below.
LG card transferred the following loan claims to the Plaintiff on May 13, 2005 under the Asset-Backed Securitization Act, and Samsung Card transferred the following loan claims to the Korea Asset Management Corporation on June 30, 2003, and the Korea Asset Management Corporation to the Plaintiff on May 13, 2005, respectively.
(The following amounts of loans, interest to be received, and aggregate amounts shall be the principal and interest of loans as of September 1, 2014) / (based on recognition) without dispute; entries in Gap 1, 2, 3, 5, 7 evidence (including paper numbers) and the purport of the whole pleadings.
2. The parties' assertion
A. The defendant is jointly and severally liable for each of the above loans owed by the plaintiff B.
B. The Defendant did not have a self-signed signature on the Defendant LG card loan agreement/application (Evidence A5) (the primary debtor and the Defendant’s name are the body of the same person), and did not have an attached power of attorney, and the certificate of personal seal impression is also issued as an agent.
In addition, there is no defendant's own signature in the Samsung Card loan agreement (A). Therefore, the defendant has no joint and several liability.
Furthermore, all of the above obligations have become extinctive prescription.
3. Determination
A. In full view of the purport of the argument as to LG card loans in Gap evidence No. 5, the defendant's former address presented to the plaintiff the letter of delegation, copy of resident registration certificate, certificate of personal seal impression, etc. on July 2, 2003, and signed and sealed on the joint and several guarantee column of the loan agreement. On the same day, the employee of the LG card was confirmed by telephone to the defendant, and thus, the defendant is against the plaintiff.