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(영문) 서울중앙지방법원 2018.10.23 2018가단5104576
양수금
Text

1. The Defendant is jointly and severally with the Plaintiff as to KRW 44,898,807 and KRW 13,100,000 among them, respectively, from February 15, 2018.

Reasons

1. The following facts may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3:

The Plaintiff filed a claim against the Defendant, B, and C as Jeju District Court 2007Kadan26874, and asserted as follows as the cause of the claim.

1) B received or loaned credit cards at the date stated in the column of the agreement between financial institutions listed below, B. 3. The outstanding principal was as indicated in the column of principal on March 31, 2005. The Plaintiff acquired the Defendant Samsung Card Co. 16,510,569 on August 13, 2003, 410,569 on the aggregate of the remaining principal interest (cost) interest (cost) interest (cost) at the date of the agreement between the financial institutions. The Plaintiff acquired the Defendant Samsung Card Co. 2, 203, 468, 408, 780, 40, 270, 270, 270, 270, 270, 319, 18, 198, 134, 205, 206, 349, 205, 205, 305, 306, 254, 1964, 194

B. On April 30, 2008, the above court rendered a judgment against the defendant that "the defendant shall pay to the plaintiff 16,510,569 won jointly and severally with the plaintiff and 13,100,000 won per annum 17% per annum from April 1, 2005 to the date of full payment," and the judgment became final and conclusive around that time.

C. Upon the arrival of the extinctive prescription of a claim based on the final and conclusive judgment, the Plaintiff filed an application with the Seoul Central District Court for a payment order with the Defendant to pay the amount calculated at the rate of 15% per annum from February 15, 2018 to February 14, 2018 to KRW 31,798,807, and KRW 13,100,000 from July 21, 201 to February 14, 2018 to the date of full payment. The Defendant filed an application with the Plaintiff for a payment order with the Plaintiff to pay the amount calculated at the rate of 15% per annum from February 15, 2018 to the date of full payment.

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