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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.04.05 2018나46522
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. The Defendant received a credit card or received a loan as indicated below, and the Defendant denied the issuance and loan of the credit card. However, according to each of the following evidence: (a) if the Defendant voluntarily reported a credit claim based on the “previous Payment Order” as a bankruptcy claim against the Defendant in the case of bankruptcy exemption application, it can be acknowledged that the Defendant issued a credit card and granted a loan.

As of November 22, 2007, each principal stated in the balance sheet of loans as of November 22, 2007 was not repaid, and overdue interest accrued around that time is the same as the amount stated in each item of interest column for attempted interest in the same table.

(2) On February 15, 2005, Feb. 15, 2005, 140,002, 812, 250,540,540,017 F (G credit cards) on February 17, 2007, 1 C Bank credit cards of 1 C Bank as of Feb. 15, 2005, 1,400,002 839,679 3 E- Credit Cards 2,936,589 2,782,0426 F (G) on February 14, 2014, 250, 206, 158, 307, 77147, 7047, 1405, 266

B. On November 23, 2007, the Plaintiff, upon receipt of the instant loan claim from C Bank, applied for a payment order against the Defendant, the debtor of the instant loan claim, as Incheon District Court Decision 2007Hu14132, and on January 2, 2008, the payment order issued by the above court was served on the Defendant on January 2, 2008 and became final and conclusive on January 17, 2008 (hereinafter “previous payment order”), and the said finalized payment order was “the Defendant shall pay the Plaintiff 40,145,926 won and 21,306,155 won with 17% interest per annum from November 23, 2007 to the date of full payment.”

C. As of October 24, 2017, the claim for the instant loan remains in KRW 21,306,155, overdue interest rate of KRW 54,445,56, a total of KRW 75,751,721.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, 5 through 8, and the purport of the whole pleadings

2. The defendant's judgment on this case's defense shall be based on the plaintiff's loans of this case.

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