logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.08.21 2017가단210645
양수금
Text

1. Of the instant lawsuit, the part of the loan interest amounting to KRW 29,321,567 shall be dismissed.

2. Credit card payment interest among the instant lawsuit

Reasons

1. Facts of recognition;

A. B used a credit card with the credit card issued on January 24, 1997, and delayed payment of KRW 1,809,502, and was loaned KRW 20 million on February 28, 1997.

C and D have jointly and severally guaranteed the above loan obligations.

On the other hand, on June 29, 1998, the Plaintiff acquired the credit card price claim and loan claim from the above bank.

B. On January 29, 2003, the Plaintiff filed a lawsuit against B and D, including C, the Daejeon District Court 2002Kadan52326 (hereinafter “the lawsuit”), and was sentenced on January 29, 200 by the above court as follows. The above judgment became final and conclusive around that time.

As to the portion of credit card payments, B shall pay 24% per annum from December 24, 1997 to February 19, 198; 27% per annum from the next day to December 31, 1998; 18% per annum from the next day to December 19, 202; and 25% per annum from the next day to the day of full payment.

As to the portion of loans, B, C, and D shall jointly and severally pay to the Plaintiff KRW 20,00,000 per annum from December 18, 1997 to December 28, 1997; KRW 21.5% per annum from such date to February 5, 1998; KRW 23.5% per annum from such date to June 28, 1998; KRW 26% per annum from such date to June 31, 1998; KRW 15.5% per annum from such date to December 31, 1998; and KRW 18% per annum from such date to December 19, 202; and KRW 25% per annum from such date to the date of full payment.

C. As a result of the Plaintiff’s collection of the above judgment in the compulsory execution procedure conducted several times based on the above final judgment, the credit card payment interest of KRW 4,305,160 and KRW 33,626,727 including loan interest of KRW 29,321,567 and KRW 33,626,727 were remaining. On May 31, 2012, the Daejeon District Court E-distribution procedure of the Daejeon District Court with regard to C’s salary, which was finally distributed KRW 1,315,47 as the collection authority under the Daejeon District Court E-distribution and collection order of KRW 2010,3296.

(hereinafter “instant dividends”). D.

On the other hand, C died on May 8, 2013 and the defendant died.

arrow