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(영문) 서울중앙지방법원 2018.04.19 2018가단5035328
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 182,132,492 and KRW 43,077,305 from January 25, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. Claim 1) The Defendant against the Defendant of the New Card Co., Ltd. (hereinafter “New Card Co., Ltd.”) on February 22, 1994

2) On April 197, 1997, the Defendant subscribed to the new bank (hereinafter “new bank”) as a credit card member, and entered into a credit card agreement with the new bank and the credit card theory and ice ice seeing agreement.

3) Meanwhile, on the other hand, on April 1, 2006, Choung Bank merged a new bank, changed its trade name into a new bank, and divided and merged the card with a new bank. 4) On January 16, 2009, the new card against the Defendant applied for a payment order for transfer money under Daejeon District Court 2009 tea433. The above court rendered on January 23, 2009 that "the Defendant paid 79,348,952 and 29,424,83 won on the new card from January 8, 2009 to the date of full payment, 29. 9% per annum, 3,032,357 won per annum from January 18, 2009 to the date of full payment, and 26% per annum from January 18, 2009 to the date of full payment."

5) On June 16, 201, on the basis of the above payment order, the new card was issued a seizure and collection order as to the Defendant’s deposit claims against the Bank, etc. under the Daejeon District Court 2011TTT 10902. B. Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”).

(1) On July 29, 2000 and January 31, 2001, the Defendant concluded a small loan guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. as the insured.

2. The defendant caused an insurance accident that the principal and interest of the loan in arrears, and the Seoul Guarantee Insurance paid insurance money of KRW 10,620,115 to the Korea Life Insurance Co., Ltd. on December 2, 2003, and on June 20, 2008, the Incheon District Court filed a lawsuit against the defendant for the claim for reimbursement under the Incheon District Court Decision 2008Gaso247597, and the above court on June 23, 2008 "the defendant" was the Seoul Guarantee Insurance Co., Ltd.

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