logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.24 2016가단120517
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the original copy of the payment order (Seoul Central District Court 2014 tea59337).

Reasons

1. Basic facts

A. On June 4, 2013, the Plaintiff took out a loan of KRW 44,00,000 after entering into a contract for general household loan with the Defendant bank, and the same month.

5. After concluding a credit card contract, the credit card company purchased goods or used cash using the issued credit card.

B. The Plaintiff lost its interest due to delay in paying the principal and interest of loans and credit card bills while making a transaction pursuant to the aforementioned agreement. On November 5, 2014, the Defendant applied for a payment order against the Plaintiff under the Seoul Central District Court 2014 tea5937, Nov. 13, 2014, with respect to KRW 47,251,193, and KRW 1,773,354 from the above court on November 4, 2014 to the day of full payment, KRW 21.9% per annum from November 4, 2014 to the day of full payment; KRW 238,200 per annum from November 4, 2014 to the day of full payment; KRW 21.5% per annum from the day of full payment to the day of full payment; KRW 44,000,000 per annum from November 4, 2014 to the day of full payment (hereinafter “the Plaintiff’s annual payment order”).

C. Meanwhile, on November 26, 2015, the Plaintiff filed for bankruptcy and exemption with the Incheon District Court (2015Hadan6052, 2015Ma6056) and filed for adjudication of bankruptcy on March 24, 2016 and the exemption on June 17, 2016. The aforementioned exemption on immunity was finalized on July 2, 2016. Around that time, the Plaintiff’s list submitted to the said court was filed a loan obligation to the Defendant bank (the remaining principal is KRW 44,323,420, delay damages, KRW 7,357,536) and credit card price liability (the remaining principal is KRW 2,11,54, delay damages, and KRW 531,194).

On October 27, 2016, the Defendant filed an application with the Incheon District Court for the revocation of the Plaintiff’s immunity as the head of 2016.41, but the said court dismissed the Defendant’s above application on February 14, 2017, and as is, February 25, 2017.

arrow