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(영문) 대구지방법원 2020.01.09 2019가단7744
신용카드이용대금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 352,766,979 and 6% per annum from February 14, 2019 to May 16, 2019.

Reasons

1. The defendant C was the first defendant in the lawsuit of this case relating to the taking over of the defendant lawsuit.

However, on March 6, 2019, while the instant lawsuit was pending, the Daegu District Court rendered a decision to commence rehabilitation procedures for C with respect to the said company as the Daegu District Court 2019hap100. Accordingly, the instant lawsuit was taken over by D, a custodian of the said company.

After that, on October 21, 2019, a decision was made to abolish rehabilitation procedures for the rehabilitation company before authorization was granted for the rehabilitation plan.

Accordingly, the lawsuit of this case was taken over again by Defendant C.

2. Facts of recognition;

A. Around June 2018, the Plaintiff’s successor had the Defendant deliver “documents security initiative”, etc. to the Defendant. The Defendant paid KRW 398,200,000 by means of the Plaintiff’s A special purpose card (Withdrawal) for 24 months.

B. Accordingly, the Plaintiff’s succeeding intervenor received the price of the goods from the Plaintiff (Withdrawal) who is the card company, and the Defendant paid the price of the card to the Plaintiff (Withdrawal) by means of 24 months’ payment. The Plaintiff’s succeeding intervenor supplied the goods and guaranteed the Defendant’s obligation to pay the said card price to the Plaintiff (Withdrawal).

C. The Defendant did not pay part of the card price paid in installment by the Plaintiff, and the Intervenor succeeding to the Plaintiff, the guarantor, repaid the card price and overdue interest 352,766,979 won remaining on February 13, 2019 to the Plaintiff (ex officio).

[Ground of recognition] Unsatisfy, Gap's entries in the evidence of subparagraphs 1 through 11, and the purport of the whole pleadings.

3. According to the grounds for the plaintiff's succeeding intervenor's claim and the facts of the recognition as above, the plaintiff's succeeding intervenor, as the defendant's guarantor, has a right to claim compensation to the defendant pursuant to Articles 441 and 425 (2) of the Civil Code, and the plaintiff (ex officio) has a credit card held by the defendant pursuant to Article 481 of the Civil Code.

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