(영문) 서울중앙지방법원 2015.12.15 2014가단5331462

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(영문) 서울중앙지방법원 2015.12.15 2014가단5331462

양수금

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1. As to KRW 166,727,809 and KRW 38,144,800 among the Plaintiff, Defendant A shall be from November 15, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant A

A. 1) The Plaintiff is obligated to pay the money stated in the purport of the claim by the Defendant A at the time of the transfer of the principal and interest of the loan, such as Solomon Savings Bank, new card, and the attached Form with which our card has against the Defendant A.

(b) Judgment by publication;

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff’s assertion (A) on July 5, 2002, EL Card Co., Ltd. loaned 19% interest rate of KRW 14.4 million to Defendant A under Defendant B’s joint and several guarantee on July 5, 2002, with 24% interest rate of KRW 19% and delay damages rate. The substitute loan agreement prepared at the time is signed and sealed by Defendant B, and Defendant B’s certificate of personal seal impression is attached. (B) The EL Card Co., Ltd. was changed to the new card Co., Ltd. on October 1, 2007, and the new card Co., Ltd transferred the above substitute loan claim to the Plaintiff on June 21, 2013, and thereafter, the new card Co., Ltd. was obligated to pay the money stated in the claim as joint and several surety of the above substitute loan claim. (C) Defendant B’s assertion that Defendant B’s new credit card Co., Ltd. did not enter into an agreement with Defendant A’s new credit card Co., Ltd.

(2) The Plaintiff’s joint and several liability claim against Defendant B expired five years after the date of occurrence of the claim.

B. The fact that Defendant B did not sign and seal the agreement on the loan of the exchange loan of this case (Evidence A 1-1) at the time the new card company did not dispute between the parties or acknowledged it by considering the whole purport of the pleadings in the statement of evidence A5.

If so, the plaintiff is the defendant A or a third party at the time of the loan agreement on the exchange loan of this case from the defendant B.

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