logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.01.10 2017가단235875
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 158,981,277 and KRW 16,279,00 among them from August 23, 2017.

Reasons

1. Facts of recognition;

A. In around 2001, Defendant A entered into a loan agreement with the non-party financial institution (Modern Capital, Samsung Capital, and EL Card). According to the agreement, when the principal and interest, etc. are not repaid within a given period, the delayed period should apply each overdue interest rate prescribed by the relevant financial institution to the delayed period. Defendant B jointly and severally guaranteed Defendant A’s EL card’s debt.

B. Defendant A lost the benefit of time due to Defendant A’s failure to pay the principal and interest under the foregoing agreement within the prescribed time limit, and thereafter, the said financial institution transferred its claim against the Defendants to the Plaintiff around 2003. On August 22, 2017, the details of overdue interest and interest as indicated below are as follows.

On August 22, 2017, No. 1406, Aug. 22, 2017

C. On November 14, 2007, the Plaintiff filed a lawsuit against the Defendants based on the above claim for the above amount, and rendered a final judgment with the Incheon District Court 2007Da68106 on November 14, 2007 that determined the amount of 29% per annum from June 1, 2007 to the date of full payment to the date of full payment to KRW 16,279,000 per annum from June 1, 2007 to KRW 29% per annum from June 1, 2007 to the date of full payment to KRW 16,00,00,000 per annum; ② Defendant B jointly and severally with Defendant A to receive 32,502,326 won among the above amount and KRW 16,00,000 per annum from June 1, 207 to the date of full payment; and the above judgment became final and conclusive around the time of the above payment.”

However, the Defendants did not pay a debt for about ten years after the above judgment became final and conclusive, and the Plaintiff filed the instant lawsuit in order to extend the extinctive prescription of the above final and conclusive judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2 (including a provisional number) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the sum of the principal and interest of Defendant A totaled KRW 158,981,277 and the principal and interest of Hyundai Capital and Samsung Capital.

arrow