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(영문) 서울남부지방법원 2018.01.26 2017나2729

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 11, 2001, B, the primary debtor, entered into a credit card loan agreement with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and borrowed KRW 3,570,000, and the Defendant jointly and severally guaranteed the above obligation to repay the loans (hereinafter “instant Samsung Card”).

B. On June 12, 2001, the primary debtor B (after the opening of name C) obtained a loan of KRW 4,900,000 when entering into a substitute loan agreement with the EL Branch Card Co., Ltd. (hereinafter “EL Branch Card”), and the Defendant jointly and severally guaranteed the above loan repayment obligation (hereinafter “the instant loan repayment obligation”). On June 29, 2001, the Defendant notarized (O1013).

C. The instant Samsung Card Claim was from October 31, 2001 to November 28, 2001, and the instant EL Card Claim began to be in arrears from November 28, 2001.

Samsung Card filed a lawsuit against the Defendant on November 7, 2002 against the Seoul Southern District Court 2002Gaso25392 against the Defendant for the claim for the payment of the guaranteed debt. On April 9, 2003, the said court rendered a favorable judgment against the Plaintiff, and the said judgment became final and conclusive on May 7, 2003.

E. On October 24, 2003, the Plaintiff acquired each of the above claims against Samsung Card Co., Ltd. and EL Card Co., Ltd. (the principal amount of the claim at the time of acquisition) from Samsung Card Co., Ltd. and EL Card Co., Ltd. (the principal amount at the time of acquisition KRW 4,872,02,027) from Samsung Card Co., Ltd., and notified B of the transfer of each of the above claims (hereinafter “the instant claim for acquisition of the instant amount”). < Amended by Presidential Decree No. 18183, Dec. 18, 2003>

F. The Plaintiff filed an application with the Daegu District Court for the payment order against B seeking the payment of the instant transfer money claim (2006 tea 2647) and the payment order decision was served on B on February 23, 2006 and became final and conclusive on March 10, 2006.

G. On July 2, 2010, the Plaintiff filed an application for the payment order against the Defendant (No. 2010 tea8136) seeking the payment of the instant transfer money claim against the Defendant at this court.