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(영문) 서울중앙지방법원 2016.01.27 2015나47517
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall pay to the plaintiff KRW 9,509,480 and 7,598 among them.

Reasons

1. Facts of recognition;

A. On February 18, 2003, the National Credit Card Co., Ltd. (hereinafter “National Credit Card Co., Ltd.”) was merged into the “National Credit Card Co., Ltd.” and was established by dividing it into the “National Credit Card Co., Ltd.” (hereinafter “National Card”) and loaned KRW 9,80,000 to Co-Defendant A (hereinafter “A”) at the first instance trial on the loan period of KRW 60 months, interest rate of KRW 22% per annum, and delay compensation rate of KRW 24% per annum (hereinafter “instant loan”), and at the time the Defendant jointly and severally guaranteed the instant loan obligation.

B. After that, on June 21, 2013, the national card transferred the instant loan claim to the Plaintiff. On June 23, 2014, the Plaintiff notified the Plaintiff, a primary debtor, of the assignment of the said loan claim upon delegation from the national card.

C. As of May 29, 2014, the principal and interest of this case remains in KRW 9,509,480, and among them, the principal and interest of this case are KRW 7,598,709.

[Reasons for Recognition] Evidence A 1 to 3, Evidence A 6-1 to 2, and the purport of the whole pleadings

2. According to the above facts of determination, as joint and several surety A of the instant loan obligation, the Defendant is jointly and severally liable to pay damages for delay calculated at the rate of 17% per annum to the Plaintiff within the agreed rate of 9,509,480 won of the instant loan and the balance of principal 7,598,709 won from May 29, 2014 to the date of full payment of the interest.

3. If so, the plaintiff's claim against the defendant is justified, and since the part against the defendant in the judgment of the court of first instance is unfair with different conclusions, it is so revoked and it is so decided as per Disposition by ordering the defendant to pay the above amount.

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