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(영문) 부산지방법원 2018.09.14 2017나56254
양수금
Text

1. Revocation of the first instance judgment.

2. The Plaintiff jointly with theO:

A. Defendant A, B, C, and D shall each be KRW 396,738 and each of them.

Reasons

1. Basic facts

A. On February 23, 2001, theO entered into a substitute loan transaction agreement with ELD Card Co., Ltd. (hereinafter “instant loan agreement”). On February 23, 2001, theO entered into a substitute loan transaction agreement with 20 months in exchange period, 2230,000 won in application amount, interest rate of 19,000 won per annum, 29% in delay interest rate per annum (hereinafter “instant loan agreement”). The bonds and debts arising therefrom are each “the instant bonds” and “the instant debt” were loaned from ELD Card Co., Ltd.

On the other hand, the name, resident registration number, address, telephone number, residential situation, marriage classification, etc. of O P is indicated in the column for joint and several sureties of the "Application/Agreement on Substitute Loan" prepared at the time of entering into the loan contract of this case, and the seal imprint of P is affixed to the name of P.

In addition, even in the joint and several guarantee column of the "Agreement on Substitute Exchange Loan Transactions", P's name is written as several names, and P's seal impression is affixed next to that name.

(hereinafter referred to as “written application for exchange theory/agreement” and “written agreement for exchange loan transaction” collectively (hereinafter referred to as “documents related to the instant loan”).

On June 30, 2003, Lone Card Co., Ltd. transferred the instant claim to the Plaintiff, and around that time notified O of the transfer, and that notification reached O around that time.

C. As of December 31, 2005, the debt of this case as of December 31, 2005 was KRW 3,173,909 in total, the principal amount of KRW 1,838,221 in interest or delay damages, or KRW 1,335,688 in interest or delay damages. The plaintiff filed a lawsuit against O for payment of the claim of this case with the Seoul Central District Court, and on June 1, 2006, "O shall pay to the plaintiff KRW 3,173,909 in interest and KRW 1,838,221 in interest and KRW 25 per annum from January 1, 2006 to the date of full payment." The above decision was made in the same year.

8. 17. A final and conclusive date:

On the other hand, P died on March 29, 2004. At the time of death, P was the Defendant F, Defendant F, and Defendant F, who are the children of Q, R, Defendant A, Defendant B, Defendant C, Defendant D,O, and their children S (Death on February 18, 1995).

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