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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, the amount taken over from the new card company.
Reasons
1. Basic facts
A. The Defendant, on September 8, 1999, changed the name of the new card-related claim 1 (hereinafter “the new card-related claim 1”) to ELD Capital Co., Ltd. (hereinafter “ELD Card Co., Ltd.”).
) The credit card holders entered into a contract with the credit card holders, and on March 2, 2002, the trade name was changed to ELD Card Co., Ltd. (hereinafter “New Card Co., Ltd.”).
(2) After entering into a credit card subscription agreement with the credit card holder, a new credit card company (hereinafter “new credit card company”) filed a lawsuit seeking payment of the credit card use amount with the U.S. District Court 2010 Ghana3395 (hereinafter “new credit card company”). On August 31, 2010, the court rendered a judgment that “the Defendant shall pay to the new credit card the amount of KRW 1,834,793 and the amount of KRW 1,742,70 per annum 29.9% per annum from March 27, 2010 to the date of full payment” (hereinafter “former judgment”). The above judgment became final and conclusive around that time.
3) The new card filed an application for a seizure and collection order regarding the Defendant’s claim against the Defendant’s third-party obligor with the Ulsan District Court 201Tsan District Court 201TTBE9540 with the title of execution. On June 17, 2011, the aforementioned court accepted the above application and issued a seizure and collection order. B. The Samsung Bio-related Claim (hereinafter “Second Claim”)
(1) On April 9, 2002, the Defendant borrowed 8,000,000 won from Samsung Life Insurance Co., Ltd. (hereinafter “Tsung Life”) at the maturity of payment on April 8, 2004 and at the interest rate of 12.9% (the annual interest rate of 25%).
2) From April 1, 2004 to September 23, 2009, the Defendant partially repaid its obligation on six occasions. (c) The obligation related to the sag Capital (hereinafter “third obligation”).
(1) On December 9, 2009, the Defendant entered into a loan agreement with A&P social company (hereinafter “A&P”) on a loan rate of KRW 4,900,000, and the due date of reimbursement of KRW 48.54% on December 9, 201, and borrowed KRW 3,400,000 from E&P.
2 Ethnbs.