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(영문) 서울중앙지방법원 2017.01.11 2015가단5210500
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 132,152,669 among the costs and KRW 39,908,051 among them, and shall pay to the Plaintiff full payment from May 22, 2015.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit card use contract with a new card company (hereinafter “new card”) on December 9, 1996, and used the said card or obtained a credit card loan on December 26, 199, and failed to pay as of May 21, 2015, the principal amount of which is KRW 9,506,127, and overdue interest is KRW 44,451,081.

(hereinafter referred to as “A claim”). B

On July 19, 1996, the Defendant loaned KRW 10,000,00 from Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) at the rate of 19 July 19, 199, interest rate of KRW 14.51%, and delayed interest rate of KRW 19.5%. The amount of the principal not repaid as of May 21, 2015 is KRW 10,000,000, and overdue interest is KRW 4,423,59.

(hereinafter referred to as “B/C”). (c)

The Defendant received a loan as follows, and the Korea Guarantee Insurance Co., Ltd. (the trade name after the change is Seoul Guarantee Insurance Co., Ltd.; hereinafter referred to as "Seoul Guarantee Insurance Co., Ltd.") and the Seoul Guarantee Insurance Co., Ltd. concluded a small loan guarantee insurance contract with which the Defendant guarantees the repayment of principal and interest arising from the Defendant's loan. Since then, the Defendant did not repay each principal and interest, Seoul Guarantee Insurance Co.

The overdue interest rate for the above payments was agreed on September 6, 1998 to be in accordance with the overdue interest rate determined by the Seoul Guarantee Insurance Act within the maximum of the overdue interest rate among the general interest rates in arrears in commercial banks from the day following the payment date of insurance proceeds; hereinafter referred to as "third through ¥§). The repayment period for loans from the lending institution (amount of insurance coverage) on the date of December 21, 1997 (3) November 20, 1998, Samsung Bio-resources 4,200,000 (4,620,000) on September 7, 1993 (3,30,000) (3,300,000) on April 21, 1994).

The Plaintiff, the new card, Samsung Fire, June 21, 2013, and the Seoul Guarantee Insurance Co., Ltd., on June 28, 2013, respectively, shall be the Defendant’s credit card against the Plaintiff.

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