logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.27 2015가단5260772
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,157,945 and KRW 63,106,791 among them, from July 13, 2015 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Defendant delayed the use of credit cards with a new credit card and Samsung Card. In addition, on August 1, 2008, the Defendant entered into a credit transaction agreement with the new bank as of July 31, 2009, with a credit integrated loan for credit subjects, credit limit amounting to 40,000,000, and credit period expiration date, and delayed the repayment of the loan. 2) The new credit card was on June 21, 2013; the new bank and Samsung Card transferred the credit to the Defendant on June 28, 2013; and notified the Defendant of the transfer of the credit at that time.

3) The current status of the Plaintiff’s credit that the Plaintiff acquired as above is as follows (as of July 12, 2015). The annual overdue interest rate determined by the Plaintiff regarding the above claim that the Plaintiff acquired by the Plaintiff is 40,000,000 33,154,962 Samsung Card Co., Ltd., 13, 156, 791, 791, 12,684, 214, 2142, 40,000,000 33,154, 950, 950, 950, 211, 978 Gohap, 63,106, 7915, 51, 051, 15, 1544) of the loans extended to the Plaintiff from May 31, 2013 to July 12, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 118,157,945 won (the principal amount of KRW 3,106,791 interest rate of KRW 55,051,154) and damages for delay at the rate of 17% per annum for the principal amount of KRW 63,106,791 from July 13, 2015 to the date of full payment, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Defendant’s summary of the credit period expired on July 1, 2009 and 5 years thereafter.

B. According to the reasoning of the judgment below, Gap evidence No. 5, the defendant entered into a credit transaction agreement with the new bank on July 30, 201 to extend the expiry date of the credit period under the credit transaction agreement as of July 29, 201.

arrow