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(영문) 서울중앙지방법원 2018.03.23 2017나52032
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the first instance.

Reasons

1. Facts of recognition;

A. On February 1, 2002, B entered into a credit card use contract with Hyundai Card Co., Ltd. (hereinafter “On-site Card”) and entered into a loan transaction agreement with Hyundai Card Co., Ltd. (hereinafter “On-site Card”) and entered into a loan transaction agreement with the amount of loan KRW 9,900,000, interest rate of 36 months during the loan period, interest rate of 19% per annum, and 24% per annum on delay compensation rate. The Defendant jointly and severally guaranteed the above debt of B.

B. On April 28, 2004, Hyundai Card renewed the loan transaction agreement by setting the loan amount of KRW 9,050,000, the loan period of KRW 48 months, interest rate of 24% per annum, damages for delay rate of KRW 29.9% per annum between B and B, and then the loan is extended.

required to repay the obligations of the subsection.

(hereinafter “instant loan transaction agreement”). C.

On January 27, 2006, the Hyundai Card transferred the claim pursuant to the loan transaction agreement of this case to Hyundai Capital Co., Ltd. (hereinafter referred to as "Modern Capital") and notified the transfer of the claim to B and the Defendant at that time.

On October 24, 2006, Hyundai Capital, filed a lawsuit against B and the defendant as the Gwangju District Court 2006Gaso318800, and as to B, the decision of performance recommendation became final and conclusive on December 6, 2006, but as to the defendant, the above court decided on April 6, 2007 that "the defendant jointly and severally with B shall pay the amount of KRW 15,338,992 and the amount of KRW 9,428, which is calculated at the rate of 29.9% per annum from October 17, 2006 to the day of full payment, and that the defendant's appeal (Supreme Court 2007Na48959 and 208Da1628108) against the defendant's appeal (Supreme Court Decision 2008Da16281081 Decided December 16, 208)."

E. On April 16, 2009, Hyundai Capital Capitals (former Trade Name: the Credit Counseling and Recovery Fund, Co., Ltd.) in this case.

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