logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.14 2014가단5316654
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 97,972,196 and KRW 24,351,769 among them from November 5, 2014.

Reasons

1. Facts of recognition;

A. On July 1, 2010 and June 21, 2013, the Plaintiff acquired the claim for the principal and interest of loans as indicated below from Hyundai Capital Co., Ltd. and New Card Co., Ltd. on July 1, 2010 and June 21, 2013, and around that time, a notice of assignment was served to Defendant A.

[ table] 22% per annum (20,205,394,394 won per annum 24,351,769 won per annum, 769 won per annum, 23.5% per annum (29% per annum), 4,146,375 won per annum, 3,800,024 won per annum, which is a joint and several surety for the loan agreement of a financial institution (28% per annum) of the credit card exchange loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan

B. On November 26, 2014, E, a joint and several surety for Defendant A’s new card, died. At the time of death, Defendant A, B, and the deceased on October 6, 2010, Defendant C, and D, who were the children of the deceased on November 6, 2010.

C. On January 14, 2015, Defendant A and B filed a report on the inheritance limited recognition of the deceased E with the Busan Family Court 2015-Ma167, and received the said report on March 30, 2015, and Defendant C and D filed a report on the inheritance limited recognition of the deceased F with the Seoul Family Court 2015-Ma3848 on April 24, 2015. The said report was accepted on August 3, 2015.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence (including additional number), the purport of the whole pleadings

2. Determination

A. Defendant A, as the principal obligor of the foregoing loan and interest claim that the Plaintiff acquired, is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum as determined by the Plaintiff, which is lower than the rate of the agreement under the original loan agreement, from November 5, 2014 to the date of full payment, as to the total amount of principal and interest of KRW 97,972,196 as of November 4, 2014 and the principal amount of KRW 24,351,769 as of its principal and interest.

The defendant A is the heir of the deceased E, a joint and several surety for the debt of the new credit card company, and the qualified acceptance report is accepted, so it is impossible to comply with the plaintiff's request.

arrow