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(영문) 서울중앙지방법원 2017.11.08 2017가단5175359
약정금
Text

1. Of the instant lawsuit, the part of the claim related to Samsung Card stated in the annexed claim shall be dismissed.

2. The defendant shall be divided into B.

Reasons

1. In full view of the purport of the entire pleadings, the facts as indicated in the grounds for appeal Nos. 1 through 5 can be acknowledged.

Attached Form

The claim related to Hyundai Capital is based on the agreement of lending KRW 18.9 million to the defendant, a joint guarantor, the main debtor B of Hyundai Capital, the main debtor B of Hyundai Capital on April 26, 2006, and the defendant's loan amount of KRW 18.9 million, and ② The claim related to Samsung Card is based on the card loan agreement of KRW 15.66 million to the defendant, a joint guarantor, the main debtor B of Samsung Card around July 21, 2004.

2. We examine the part concerning the claim related to Samsung Card, as stated in the separate sheet, among the lawsuit of this case prior to the merits.

Unless there are special circumstances, such as interruption of prescription, filing a new suit concerning the same subject matter of lawsuit is not allowed as there is no benefit of protection of rights, and the order for payment finalized is effective as the final and conclusive judgment (Article 474 of the Civil Procedure Act). Therefore, the new suit for a claim for which payment order has become final and conclusive is not allowed as there

According to the evidence evidence No. 5, it can be acknowledged that the payment order for the payment order of 2012 teab.825 dated January 30, 2012 with respect to the instant claim was finalized on February 18, 2012 by the Seogu District Court Branch Branch of the Daegu District Court (Seoul District Court Branch of the instant claim). As such, the extinctive prescription period of the instant claim remains for at least four years as of the date of closing argument of the instant claim, the

3. Determination on the merits

A. According to the above facts finding as to the cause of the claim, the Defendant is jointly and severally liable with B to pay the Plaintiff damages for delay calculated at the rate of 15% per annum that the Plaintiff seeks, as calculated from June 9, 2017 to the day of full payment, on the day following the last calculation of interest for the principal amount of 48,878,454 won related to Hyundai Capital as indicated in the attached Form, and the day following the calculation of the final interest for the principal of 17,106,388 won.

B. The judgment of the defendant on the defendant's assertion is as follows: Hyundai Capital as stated in the attached Form.

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