logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.18 2018나410
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. B was granted a loan from each of the financial institutions listed below on the date of the relevant agreement, and was not repaid a loan equivalent to the amount stated below as of August 8, 2017.

On the other hand, the defendant guaranteed the B's obligations to each financial institution at the time of the above loan.

The Samsung Card Co., Ltd., Ltd., of May 30, 2003, 4, 957, 740 19, 781, 378 24,739, 118 Samsung Card Co., Ltd., which was 20,940, 510, 25, 127, 127, 872, 40, 87242, 87242, 8888 49,866,760,760

B. The Samsung Card Co., Ltd. transferred the above loans to the Korea Asset Management Corporation on June 30, 2003, and on July 10, 2003, notified the above assignment to B and reached B around that time.

C. On May 13, 2005, the Korea Asset Management Corporation and the EL Card Co., Ltd. transferred each of the above loans to the Plaintiff, and on June 16, 2005, notified the assignment of the above loans to B and reached B around that time.

The overdue interest rate applied from January 1, 2017 to each of the above loans claims is 15% per annum by reducing the overdue interest rate in accordance with the debt management regulations.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including branch numbers, if any) and the purport of whole pleadings

2. Determination:

A. According to the above facts based on the determination on the cause of the claim, the Defendant is obligated to pay the Plaintiff 49,866,760 won, total of the principal and interest of each loan as of August 8, 2017, and the principal amount of KRW 9,14,872, calculated at the rate of 15% per annum, which is the overdue interest rate, from August 9, 2017 to the date of full payment, from August 9, 2017 to the date of full payment.

B. The defendant's assertion 1) The defendant's assertion (A) The claim for each of the above loans shall be made first by the credit card company with the goods or services purchased by B, and the payment shall be made first by the credit card company, and the defendant on the specified date of each month in which B

arrow