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(영문) 서울중앙지방법원 2017.09.12 2017가합520883
양수금
Text

1. The defendant shall pay to the plaintiff KRW 689,487,723 as well as KRW 313,062,663 as to the plaintiff from November 10, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 12, 2008, Hyundai Capital Co., Ltd. and the credit card transaction agreement with Hyundai Capital Co., Ltd. with the loan amount of KRW 630,00,000, the loan period of KRW 20,000, and the loan contract and credit card transaction agreement with the loan rate of KRW 30,000,00, and the loan agreement with the loan rate of KRW 3-month interest rate (hereinafter “instant agreement”), the above company’s basic credit transaction terms and credit card holders’ terms and conditions are the contents of the instant agreement, but damages for delay shall be based on the rate of delay damages determined by the above company. On the same day,

B. B received KRW 630,00,000 from the above company, but lost the benefit of time due to delinquency in interest, etc. on the above loan, and B’s obligation to the above company is KRW 689,487,723 in total (376,425,060, annual interest rate of delay interest, etc. on principal amounting to KRW 313,062,663) as of November 9, 2016.

C. On April 29, 2015, the Plaintiff was against B from the said company.

On June 8, 2015, the company acquired the claim described in the subsection, and notified the transfer of the claim to B, etc.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, who is a joint and several surety B, is obligated to pay to the plaintiff, the transferee of the bonds, 689,487,723 won in total and 313,062,663 won in total and delay damages calculated by the rate of 29% per annum from November 10, 2016 to the date of full payment.

In this regard, the defendant asserts that the defendant is not responsible since C, which was his/her own form at the time, made an error in the documents requesting the delivery of parts and signed and sealed on the joint and several sureties column such as the loan transaction agreement, but there is no evidence to acknowledge this, the above argument by

3. The plaintiff's claim is reasonable and acceptable.

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