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(영문) 서울중앙지방법원 2019.10.30 2019가합42172
기타(금전)
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Scope of the property inherited from the deceased J.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is K Co., Ltd. (hereinafter “instant company”) on May 8, 2012.

() On the same day, J concluded a credit transaction agreement with the following contents. On May 14, 2013, with respect to the loans owed by the instant company to the Plaintiff under the said credit transaction agreement, the J concluded a credit card purchase agreement with the maximum guarantee amount of 1.2 billion won. The credit subject: The credit amount of the purchase loan (limit): the expiration date of the credit period of KRW 1.1 billion: the credit method on May 14, 2013: the credit amount of each purchase price for the goods purchased by the instant company: the interest rate on the loan within the above limit: the floating rate (Article 3(2)2 of the Framework Act on Credit Transactions for Bank Loans for Companies): the floating rate (Article 3(5) of the above Terms and Conditions, Article 3(5) of the KORBOBR base rate of 3.44% damages: the Plaintiff concluded a credit card purchase agreement with the instant company on May 9, 2012, and issued a credit card purchase agreement with the instant credit card company as the guarantee limit of KRW 200 million.

Credit Card Products: L Card Type: 1,105,483,432 (i) L Card Type: 1,180,540 won (i.e., interest 48,171,942 interest 159,130,950 won), and (ii) the credit card payment obligation of this case was the principal (i.e., principal amount of KRW 3,828,870,870, 451, 289, 289, 289, 969), and (iii) the credit card payment obligation of this case was the attempted interest of KRW 1,105,48,128 won and interest of KRW 4851,289, 287, 969).

The overdue interest rate is 7.9% per annum on loan obligations and 16.1% per annum on credit card payment obligations.

B. Family relationship 1 N andO of J were married and had children J, P, Q, Defendant G, Defendant H, and Defendant I. N on February 25, 1985; N on 194.

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