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(영문) 서울중앙지방법원 2016.09.06 2015가단5257004
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 164,012,613 and KRW 28,058,89 among them from July 14, 2015.

Reasons

1. Facts of recognition;

A. On July 7, 1988, Defendant A entered into a lease insurance contract with the Seoul Guarantee Insurance Co., Ltd. (the former trade name: the Korea Guarantee Insurance Co., Ltd.) and the insured as H Co., Ltd. with the content that the above company guarantees the obligation to repay the lease price of Defendant A., and Defendant D, Defendant B, and G jointly and severally guaranteed the obligation to be borne by Defendant A due to the said guarantee insurance contract.

B. However, as Defendant A did not pay rent, the Seoul Guarantee Insurance Co., Ltd. paid KRW 35,360,00 to H Co., Ltd. on Oct. 27, 1989; and the Seoul Central District Court rendered a favorable judgment by filing a lawsuit for reimbursement claim against Defendant A and the above joint guarantor under the Seoul Central District Court 95da15214, and then filed a lawsuit for reimbursement claim against Defendant A and the above joint guarantor under the Seoul Central District Court 2005da127413 to prevent the expiration of the extinctive prescription period, and then filed a lawsuit for reimbursement claim against Defendant A and the above joint guarantor under the Seoul Central District Court 2005da127413, Sept. 22, 2005, “Defendant A and the above joint guarantor jointly and severally paid KRW 50,86,210 among them and KRW 24,65,560 to the Seoul Guarantee Insurance Co., Ltd., Ltd., and the above judgment was rendered in favor of Defendant B, 15.

C. Seoul Guarantee Insurance Co., Ltd. transferred the claim for reimbursement against Defendant A to the Plaintiff on or around June 28, 2013, and thereafter notified Defendant A of the fact of assignment of the claim. As of July 13, 2015, the principal and interest of the above claim is KRW 149,08,515 ( principal KRW 24,65,560 until July 13, 2015).

Defendant A used a credit card issued by Choung Bank at the time of April 17, 2002 with the credit card issued by the said bank. Solomon Mutual Savings Bank acquired the credit card related claims from the said bank against Defendant A, and then entered into a lawsuit claiming the amount of the credit card (2005 Ghana198284).

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