대여금
1.The judgment of the first instance shall be modified as follows:
The defendant shall be jointly and severally with the co-defendant B of the first instance.
1. Facts of recognition;
A. B, on July 4, 2003, 3 million won from Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”), which is engaged in loan business, etc., was loaned on December 1, 2003 with the maturity rate of 3 million won at 36% per annum (hereinafter “instant loan”); and the Defendant jointly and severally guaranteed the principal and interest of the instant loan on the same day.
B. B was unable to pay the principal and interest of this case, and applied for the procedure of credit recovery support to the Credit Counseling and Recovery Commission on May 2008, and accordingly, to repay a certain amount each month, but payment was made on January 22, 2013, and the procedure of credit recovery support was invalidated on December 26, 2013.
C. As of April 8, 2014, the remainder of the loan principal of this case as of April 8, 2014 is KRW 2,266,47, and the remainder of delay damages is KRW 8,039,151, and the remainder of the principal and interest remaining as of KRW 10,305,598.
On the other hand, on October 2, 2014, the Plaintiff was appointed as bankruptcy trustee of Korea Mutual Savings Bank, and on October 2, 2014, the Plaintiff transferred the principal and interest of this case to the Intervenor succeeding to the Plaintiff, and notified the Plaintiff of the transfer to
E. On February 17, 2015, the Plaintiff’s successor participated in the process of succession due to the above acquisition of claims, and on February 17, 2015, the Plaintiff expressed his/her intention to withdraw from the lawsuit.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant, a joint guarantor of the loan contract of this case, is the defendant as to the plaintiff succeeding to the plaintiff who acquired the loan of this case, with the loan principal of 2,266,47 won and damages for delay until April 8, 2014, total 10,305,598 won and the loan principal of 2,266,447 won.