양수금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The defendant is jointly and severally with the co-defendant B of the first instance trial.
1. The following facts may be acknowledged in light of the overall purport of the arguments in the statements in Gap evidence Nos. 1 to 4, Gap evidence No. 6-1, and Eul evidence No. 2.
On February 8, 1996, Co-Defendant B entered into a small loan guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. (Seoul Guarantee Insurance Co., Ltd.; hereinafter referred to as "Seoul Guarantee Insurance Co., Ltd."), 5,500,000 won insured, Korea Life Insurance Co., Ltd. (hereinafter referred to as "Korea Life Insurance") and from February 8, 1996 to April 8, 2001, and received loans from Korea Life Insurance Co., Ltd.
Under the above guarantee insurance contract, the defendant jointly and severally guaranteed the liability for indemnity that B bears to Seoul Guarantee Insurance.
B. B did not perform the above loan obligation, and Seoul Guarantee Insurance subrogated 5,500,000 won to the Korea Life Insurance Co., Ltd. on March 17, 2000.
C. On December 21, 2004, the Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against B and the Defendant for the claim for reimbursement under the 2004Gapo-Ma57689, and on April 1, 2005, the said lawsuit became final and conclusive on April 27, 2005, “The Defendant and B shall jointly and severally pay the amount of KRW 5,500,000 to Seoul Guarantee Insurance Co., Ltd. for 19% per annum from March 18, 2000 to March 26, 2005, and 20% per annum from the next day to the date of full payment.”
On June 28, 2013, Seoul Guarantee Insurance transferred the claim for reimbursement against the Defendant and B to the Plaintiff. On June 23, 2014, the Plaintiff notified the assignment of the claim to B, the principal debtor, upon delegation from Seoul Guarantee Insurance, to the Plaintiff.
E. Meanwhile, as of March 8, 2015, the sum of principal and interest of the above indemnity amount of the Defendant and B as of March 8, 2015 is KRW 20,226,133 (i.e., principal amount of KRW 5,500,000, KRW 14,726,133). The overdue interest rate determined by the Plaintiff’s business regulations within the scope of the delayed interest rate of the purchase claim is 17% per annum.
2. Determination on the cause of the claim.