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(영문) 서울중앙지방법원 2019.03.08 2018가단5182255
양수금등
Text

1. The defendant shall be the plaintiff.

A. Within the limit of KRW 77,000,000, KRW 75,870,499 and KRW 47,113,092 among them shall be determined by the Presidential Decree.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D Co., Ltd.”) borrowed from the Industrial Bank of Korea the Industrial Bank of Korea KRW 100,000,000 on October 25, 2004, KRW 24,000,000 on March 29, 2007, and KRW 20,000,00 on September 28, 2007, respectively, and approved that the basic terms and conditions of credit transaction apply, and the interest, etc. were overdue for more than one month, the period was lost and the full amount of the debt was to be repaid immediately. The Defendant jointly and severally guaranteed the above debt of Nonparty Co., Ltd up to KRW 77,00,000 on a total amount of KRW 77,00,00 on the debt of Nonparty Co., Ltd., Ltd., and as of May 16, 2018, the interest rate applied to the above debt is 13% per annum.

B. Around May 23, 2012, Nonparty Company entered into a credit card use contract with the Industrial Bank of Korea, and the Defendant jointly and severally guaranteed the above credit card purchase-price obligation, and as of May 16, 2018, the interest rate for delay applicable to the above obligation is 24% per annum.

C. On the other hand, around December 24, 2012, the Industrial Bank of Korea transferred the above loan claims and credit card payment claims against the non-party company to the Plaintiff pursuant to the Asset-Backed Securitization Act, and notified the non-party company of the assignment of claims on December 26, 2012.

On August 27, 2013, the Plaintiff received 23,197,685 won from the Gwangju District Court F real estate auction case of the Nam-gu Seoul District Court on the real estate located in the Defendant, and on May 16, 2018, the obligation of loans of the non-party company as of May 16, 2018 remains in total of 7,113,092 won, and 28,757,407,499 won, including principal and interest, and the credit card payment obligation of the non-party company remains in total of 10,63,793 won.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 11 (if there is an additional number, including each number), the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant shall limit to the plaintiff KRW 77,000,000.

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