(영문) 부산지방법원 2016.12.28 2016나42999

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2016.12.28 2016나42999

양수금

Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Determination as to the cause of claim

A. Fact 1) The defendant is the defendant on March 14, 2003 EL branch card company (hereinafter "EL branch card").

(2) On June 5, 2003, the card loan loan of KRW 12 million was received, and the interest rate of KRW 19% per annum was set at 24% per annum, and the credit transaction basic terms and conditions were approved, and the designated parties B jointly and severally guaranteed the above loan obligations against the Defendant’s EL branch card. The Defendant did not pay monthly payment for the loan obligations at least twice, and the Defendant lost its interest due date. 2) The card was sent to the Plaintiff the principal and interest of the above card loan (hereinafter “the principal and interest of this case’s loan”) and the designated parties’ joint and several loan claims against the Defendant (hereinafter “the principal and interest of this case’s loan claims”) and the designated parties’ joint and several loan claims against the Defendant (hereinafter “the principal and interest of this case’s loan claims”) by ordinary mail.

3) On October 28, 2005, the Plaintiff filed a lawsuit against the Defendant and the designated parties B seeking the payment of the principal and interest of the loan on the ground that the Plaintiff received the claim, such as the principal and interest of the loan of this case, from the Donsan District Court 2005Da34982 (hereinafter “the lawsuit claiming the first amount of the loan of this case”).

(4) As of July 31, 2015, the principal of the instant principal and interest claim amounting to KRW 9,771,855, and the total amount of interest or delay damages accrued therefrom is KRW 31,984,298,298, as of November 31, 2015.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of recognition, this case is subject to unless there are special circumstances.

유사 판례

-서울중앙지방법원 2015.12.04 2015가단78718

-서울서부지방법원 2016.08.30 2015가단240228

-전주지방법원 2015.11.26 2014나7738

-서울중앙지방법원 2016.07.12 2015가단5276821

-서울남부지방법원 2015.04.29 2011가단92514