양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On April 7, 2001, B borrowed KRW 10,000,00 from the Korea Saemaul Depository (hereinafter referred to as the “Korea Saemaul Depository”) on April 7, 2001 (hereinafter referred to as the “Korea Saemaul Savings Depository”) at the maturity of payment on April 7, 2003 and at the rate of 19% per annum (hereinafter referred to as the “instant loans”), and the Defendant guaranteed the instant loans to the Korea Saemaul Savings Depository B on the same day.
B. On March 22, 2011, the instant community credit cooperatives transferred the instant loan claims to Song Forest Finance Asset Management Co., Ltd., and thereafter, the instant loan claims were finally transferred to the Plaintiff on January 24, 2014 through a successive transfer, and the said notification of assignment of claims reached the Defendant on February 7, 2014.
C. Meanwhile, on January 9, 2003, the community credit cooperatives of this case filed a lawsuit against B and the defendant for the payment of KRW 10,000,00 as the principal and interest of this case until then (Yancheon District Court 2003Da408), and on January 10, 2003, "B and the defendant jointly and severally agreed with the plaintiff about KRW 10,000,000 and its amount from March 2, 2002 to April 1, 2002, and KRW 22% per annum from the next day to the day of full payment." The execution recommendation decision became final and conclusive on January 26, 2003.
After the decision on performance recommendation was made on November 30, 2010, KRW 48,010 of the investment bond to the loan bank account of this case in B was deposited in the loan bank account of this case. This was appropriated to the principal of the loan of this case, and the principal amount was remaining KRW 9,951,990.
E. Accordingly, the Plaintiff’s principal and interest of this case transferred on January 24, 2014 did not reach KRW 35,831,482 in total, 35,831,482, including the principal and interest of this case, KRW 9,91,90, interest of loan, KRW 8,424,650, interest of overdue interest, and KRW 17,454,842
【Fact-finding without dispute over the ground for recognition】 Evidence No. 1, evidence No. 3-1, 2, 3, evidence No. 4-1, 2, and 3-2, and the purport of the whole pleadings
2. The cause of the action.