logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.21 2016나7690
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

(a)In full view of the facts without dispute over recognition, the following facts may be recognized in each entry in Gap's 1 to 6, and Gap's 9 (including branch numbers, if any):

1) The Defendant unpaid KRW 14,615,128 (one thousand, Nov. 7, 1999) for automobile installment loans received from EL branch card Co., Ltd. around November 7, 1996 (hereinafter “instant Claim 1”).

(2) On October 23, 1996, the Defendant entered into an insurance contract for the repayment of principal and interest with the Seoul Guarantee Insurance Co., Ltd. (Korean Guarantee Insurance Co., Ltd. prior to the merger), and the co-defendant B of the first instance trial jointly and severally guaranteed the obligation under the above guarantee insurance contract, with the period from October 23, 1996 to October 22, 199.

3) Defendant A did not pay the obligation to pay loans against pair-use fire, and the Seoul Guarantee Insurance Co., Ltd. paid KRW 5,489,236 on November 21, 1997 insurance money to pair-use fire (hereinafter referred to as “instant claim for reimbursement”).

(4) On May 13, 2005, the Plaintiff: (a) transferred the instant claim No. 1 from EL Card Co., Ltd.; and (b) transferred the instant claim No. 2 from Seoul Guarantee Insurance Co., Ltd. under the Asset Transfer Contracts and Asset-Backed Securitization Act; and (c) notified the transfer of each of the instant claims by mail according to the Asset-Backed Securitization Act around June 16, 2005.

As of May 1, 2011, the details of the Plaintiff’s claim against the Defendant as of May 1, 201, including the total sum of 14,615,128 44,440,06 Seoul Guarantee Insurance Co., Ltd. 5,489,236 13,761,580, 204, 364, 58, 581, 586 5, 201, 14, 615, 44, 128, 06 Seoul Guarantee Insurance Co., Ltd., Ltd., 5,489, 204, 584, 586, 201

B. According to the above facts of recognition, the defendant.

arrow