logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.09.15 2019가단214860
청구이의
Text

1. The Defendant’s payment order issued on August 11, 2018 in Seoul Southern District Court Decision 2018 tea14369 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 6, 2018, the Plaintiff’s wife-Nam entered into a credit loan agreement of KRW 22,000,000 (hereinafter “instant loan agreement”) with the Plaintiff’s account on the account at the Defendant TM branch, stating the Plaintiff’s account as “E Bank Account F” (hereinafter “instant E bank account”) and the mobile phone number as “G”, while driving the Plaintiff’s business.

B. Around March 9, 2018, D applied for the membership of the Plaintiff at H mobile phone agencies in Namyang-si, Namyang-si, for I to open a mobile phone with the “G” number, and on August 6, 2018, at the Guro-gu Seoul J agency, applied for the change of the above mobile phone number transfer and changed the radio operator.

C. At the time of the instant loan agreement, D presented the Plaintiff’s resident registration certificate, abstract of resident registration card, and copy of the business registration certificate, and was transferred KRW 14,00,000 to the instant E bank account.

The Defendant filed an application for payment order with the Seoul Southern District Court Decision 2018Hu144369 on the ground that the Plaintiff was the debtor for the overdue loan payment under the loan agreement of this case. On August 11, 2018, the Plaintiff filed an application for payment order with the Defendant for the payment order of KRW 14,004,081, and KRW 13,707,398 on August 2, 2018, “the payment order of this case is 20.9% per annum from August 2, 2018 to the full payment order.”

E) Around that time, the Plaintiff filed a complaint on March 12, 2019 on the grounds that D had been arbitrarily loaned and opened a mobile phone from K, L, M, Defendant, N, etc. while running the Plaintiff’s business, and D had been sentenced to imprisonment with prison labor for the same criminal facts as that of the above complaint in the case, including fraud, etc.

2. Determination:

arrow