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(영문) 서울중앙지방법원 2014.12.17 2013가단5109002
양수금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 71,202,792 and KRW 23,708,525 among them:

(b) Defendants B, C, D, and E are net.

Reasons

1. Basic facts

A. On February 10, 2003, Defendant A entered into a credit card use agreement with Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and received a credit card, and then borrowed KRW 23,180,000 as a credit card loan on the same day.

The networkF has jointly and severally guaranteed the above defendant's obligations on Samsung Card when the above contract was concluded.

B. The Samsung Card filed an application for payment order with the Jeonju District Court 2003 tea6277 against Defendant A and the deceased F, who did not pay the above card loan, and the network F applied for payment order with respect to the above court 2003dan19591 upon filing an application for lawsuit against Samsung F.

On February 10, 2004, the above court rendered a ruling that "the net F shall pay to Samsung Card 25,068,495 won and 2,3180,000 won with interest of 28% per annum from June 28, 2003 to the day of full payment," which became final and conclusive around that time.

C. On January 8, 2010, the deceased on January 8, 2010, Defendant B, C, D, and E, a sibling, succeeded to the property as co-inheritors of the deceased F.

On April 2, 2010, Defendant B, C, D, and E filed a report on the qualified acceptance of the qualified acceptance on May 6, 2010 with the Jeonju District Court’s 2010 Militarysan Branch 176.

E. On December 20, 2005, Samsung Card transferred to Solomon Mutual Savings Bank all the obligations under the above credit card use agreement (the provisional payment was added to KRW 528,525,00) and notified Defendant A of the fact of the assignment of the obligation to the Solomon Mutual Savings Bank on February 6, 2006.

After that, on December 10, 2010, Solomon Mutual Savings Bank transferred the above claims to the Plaintiff, and on May 4, 201, the Plaintiff notified Defendant A of the assignment of claims.

F. Meanwhile, the aforementioned judgment principal and provisional payment KRW 23,708,525 (i.e., KRW 23,180,000 per annum 528,525) are damages for delay calculated by 17% per annum until August 5, 2013.

【Ground of recognition” has no dispute, and each of Gap's 2, 3, 4, and 6.

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