beta
(영문) 대구지방법원 2016.02.18 2015나305991

양수금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant A did not pay the payment of KRW 23,00 on July 30, 200 of the credit card usage amount of KRW 23,00 on July 30, 2004, when the credit card was used from around 2001 to EL Card Co., Ltd. A, which was paid after the last repayment of the credit card usage amount of KRW 23,000. Accordingly, EL Card Co., Ltd. filed a lawsuit against Defendant A on the claim for the use of credit card usage amount of KRW 8,680,655 ( principal interest of KRW 7,728,000) and the payment of KRW 7,728,00 from December 9, 2004 to December 20, 2004 (the above decision on the use of credit card usage amount of KRW 301,00,000 on KRW 7,728,000).

(2) On July 27, 1994, Defendant A interest rate of KRW 5 million from the National Agricultural Cooperative Federation

6. 25% of the repayment date, and the Defendant B obtained a loan on July 27, 2004, and Defendant B made a limited collateral guarantee that set the guarantee limit at 6.5 million won for Defendant A’s obligations arising from the said loan.

(3) On April 19, 2001, Defendant A borrowed KRW 7 million from the National Agricultural Cooperative Federation as interest rateing to 6.25% per annum and the period of loan by April 19, 201, and Defendant B jointly and severally guaranteed Defendant A’s obligation arising from the above loan (hereinafter “third claim”).

(4) On June 21, 2004, Defendant A received a loan by setting the loan amount of KRW 2.170,000 per annum from the National Agricultural Cooperative Federation by 15.5% per annum and by June 21, 2006.

(hereinafter referred to as “fourth Claim”). 5 EL Card Co., Ltd. and the NACFF shall each claim against the Plaintiff against the Plaintiff in July 2005, pursuant to the agreement by creditor financial institutions for credit recovery support and transfer and takeover of loan claims of basic recipients.