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(영문) 의정부지방법원 2017.04.21 2016가단119649
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay 39,401,183 won and 6,500,000 won among them from May 1, 2006 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 13, 2001, Defendant A entered into an agreement with Yongsan Mutual Savings Bank to apply for a comprehensive passbook loan and borrowed KRW 1 million but did not complete the loan.

D. On October 28, 2002, Fusung Mutual Savings Bank transferred the principal and interest of loans to the Plaintiff and notified the Defendant of the transfer at that time.

The overdue interest rate is 20% per annum, and the balance of the principal of the debt based on the standard on April 30, 2006 is 1,101,643 won.

B. Defendant A entered into an agreement with Hyundai Capital Co., Ltd. on July 3, 2001 and received a loan but did not complete the loan.

On April 30, 2003, Hyundai Capital transferred the principal and interest interest claim to the Plaintiff and notified the said Defendant of the transfer at that time.

The overdue interest rate is 29% per annum, and the balance of the principal of the debt based on the standard on April 30, 2006 is 5 million won.

C. Defendant A entered into an agreement with Samsung Capital Co., Ltd. on July 26, 2001 and received a loan but did not complete the loan.

Samsung Capital, on April 30, 2003, transferred the principal and interest interest claim to the Plaintiff and notified the said Defendant of the transfer at that time.

The overdue interest rate is 29% per annum, and the balance of the principal of the debt based on the standard on April 30, 2006 is 1.5 million won.

On May 29, 2003, Defendant A entered into a exchange agreement with EL branch card (ju) under the joint and several guarantee of Defendant B, and did not receive a loan of KRW 14.7 million, but did not complete payment.

On August 29, 2003, EL cards transferred the principal and interest of loans to the Plaintiff and notified the Defendant A of the transfer at that time.

The overdue interest rate is 25% per annum, and the balance of the principal of the debt based on the standard on April 30, 2006 is 14,704,514 won.

E. On September 19, 2016, the Plaintiff filed a lawsuit against the Defendants against the Seoul Central District Court 2006Kadan225468, and received a favorable judgment on September 19, 2016, and the said judgment became final and conclusive on November 11, 2006.

F. After the judgment above, the plaintiff was rendered.

The claims under this subsection have been sold to others, and the calculation details of the remaining claims shall be as follows:

【Defendant A: The written answer shall not be present on the date of pleading for confession.

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