양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. C Union concluded a loan transaction agreement with D on October 7, 2002 with a loan amounting to 3,00,000,000 won, repayment date on October 7, 2004, interest rate of 13% per annum, delay compensation rate of 22% per annum, and lent the above money to D (hereinafter “instant loan claim”), and the Defendant jointly and severally guaranteed the above loan obligation of D.
B. On October 1, 2007, the Plaintiff acquired the instant loan claims from the trustee in bankruptcy of the cooperative, filed a lawsuit against D and the Defendant, a joint guarantor, for the acquisition of the instant loan claims under the 2007Gasoba24295, Gwangju District Court Decision 2007Gasoon295, Oct. 15, 2007, which was served on the Defendant on October 30, 2007 and confirmed on October 30, 2007 (hereinafter “previous decision on performance recommendation”); and the final decision on performance recommendation, “the Defendant shall jointly and severally and severally with D pay the Plaintiff 4,51,814 won and 3,000,000 won with the interest of 22% per annum from September 8, 2006 to the date of full payment.”
C. As of June 9, 2014, the instant loan claims remain the principal amounting to KRW 980,169, interest amounting to KRW 4,974,201, total amounting to KRW 5,954,370.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts, the Defendant is obligated to pay the Plaintiff, the assignee of the instant loan claim, the total sum of KRW 5,954,370, and the remaining principal amount of KRW 980,169, which is the day following the base date for calculating damages for delay, to the agreed interest rate of KRW 22% per annum from June 10, 2014 to the day of full payment.
In addition, since the expiration of the extinctive prescription period of the loans of this case, which was finalized by the previous decision of performance recommendation at the time of the application for the payment order of this case, there is a benefit of protecting the right to file the lawsuit of this case for interruption
3. Conclusion, the plaintiff's objection.