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(영문) 서울서부지방법원 2016.07.21 2015나5945
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph (2) shall be revoked.

Reasons

1. Facts of recognition;

A. The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) filed a lawsuit against the defendant against the Seoul District Court 97 Ghana350489, which sought reimbursement for the identity guarantee insurance paid by the Seoul Guarantee Insurance Co., Ltd. to the Korea Medical Corporation to the Korea Medical Foundation, and sentenced the above court on September 9, 1997 that “the defendant shall pay to the Seoul Guarantee Insurance the amount of KRW 2.5 million per annum from November 10, 1994 to August 28, 1997, 5% per annum from the next day to the day of full payment, and 25% per annum from the next day to the day of full payment.” The above judgment was finalized on October 5, 197.

B. The Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the Defendant for the payment of indemnity with respect to small loan guaranty insurance paid by the Seoul Guarantee Insurance Co., Ltd. to the Seoul Central District Court 99 Ghana25030, and on April 28, 1999, the Seoul Guarantee Insurance Co., Ltd. paid to the Defendant, “The Defendant paid to the Seoul Guarantee Insurance Co., Ltd. 5,215,789 won and its 2,752,450 won with interest of 21% per annum from November 16, 1998 to the day of full payment, and the above judgment was finalized on May 28, 199.

C. On July 12, 1994, the Defendant entered into a credit card loan agreement with the Korea Exchange Bank (KEB Han Bank due to its merger with a KEB Han Bank; hereinafter “foreign Exchange Bank”) on November 30, 1996 with the maturity of the loan, and the remaining principal amount of KRW 138,196 and overdue interest amount of KRW 429,837 as of June 25, 2007 remains.

The plaintiff on May 13, 2005 from Seoul Guarantee Insurance and Foreign Exchange Bank

(a)bee;

C. Upon the transfer of the indicated claim, on June 26, 2007, against the Defendant, the Defendant applied for a payment order under this Court No. 2007 tea2397, but the Defendant was not served with the decision on payment order on October 31, 2007, and the Defendant filed the instant lawsuit on October 31, 2007. The written brief dated April 22, 2016, accompanied by the said notice on assignment of claim, to the Defendant on April 27, 2016.

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