logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.15 2017나68686
할부금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is in force;

Reasons

1. Basic facts

A. On July 9, 2010, the installment financing transaction agreement of the instant installment financing transaction agreement (hereinafter “dul Capital”) concluded with the Defendant on the installment financing transaction agreement (hereinafter “each of the instant agreements”) and the co-defendant B of the first instance trial jointly and severally guaranteed the agreement.

The overdue interest rate of the principal in the part of the goods purchased by the seller on July 9, 2010 shall be 25% per annum per 36 months from the Falcon Blcon 63,000,000 won per annum on July 9, 2010 25% per annum on August 9, 2010, Korea Akyb 3D 3D flcon 29,41,00 won per annum 36% per annum.

B. On December 12, 2016, 2016, 218, 218, 142,983 won (i.e., KRW 173,691,658 won, 44,451,325 won) of the principal remaining in the claims against the Defendant under each of the instant agreements were transferred to the Intervenor succeeding to the Plaintiff. On January 20, 2017, the Plaintiff’s Intervenor delegated the authority to the Plaintiff’s Intervenor and notified the Defendant thereof. ii) The Plaintiff’s Intervenor recovered two of the goods purchased under each of the instant agreements and recovered KRW 6,50,000,000 in total on February 11, 2016.

C. The absorption capital was merged with the Plaintiff on January 23, 2017.

(hereinafter referred to as "Plaintiff" without distinguishing both capital and the plaintiff (hereinafter referred to as "the plaintiff"). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 7 (including the number of pages), the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Plaintiff’s succeeding intervenor is obligated to pay the Plaintiff’s succeeding intervenor KRW 211,642,983 (=218,142,983 -6,500,000) and damages for delay, jointly with B, to the Plaintiff’s succeeding intervenor (=218,142,983 - 6,500,000).

B. As to the Defendant’s assertion 1, the Defendant concluded each of the instant agreements with C lending the Defendant’s name, and the Plaintiff’s employees.

arrow