양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 3, and 4 (including paper numbers; hereinafter the same shall apply):
On July 16, 2002, EL branch card Co., Ltd. (hereinafter “EL branch card”) made loans to Nonparty B at the interest rate of KRW 11.7 million per annum (24% per annum per annum) and the period of 48 months on July 16, 2002.
(hereinafter “instant loan”). (b)
On October 24, 2003, the EL branch card transferred all of the principal and interest of the loan to Nonparty B and the rights incidental thereto to the EL branch card Co., Ltd., and on the same day, the EL branch fund Co., Ltd. transferred the credit to the Plaintiff again on the same day.
In addition, the plaintiff notified the transfer of credit to B on December 18, 2003 with the delegation of EL cards and ELN Securities Co., Ltd., which reached that business B.
C. Meanwhile, B repaid part of the above loan over several times from June 20, 2007 to July 20, 201, and the principal of the loan that B did not repay as of the date of closing argument is KRW 6,875,874, and the damages for delay is added from October 25, 2003.
2. Determination on the cause of the claim
A. 1) At the time when the Plaintiff’s assertion was entered into the instant loan contract, the Defendant jointly and severally guaranteed the loan obligation of the Plaintiff, and the Plaintiff transferred the loan obligation of the Plaintiff to the Defendant along with the loan obligation of the Plaintiff. Therefore, the Defendant shall pay the amount stated in the purport of the claim to the Plaintiff. Even if the Defendant did not grant the right of representation regarding the conclusion of the joint and several liability contract, the Defendant bears the guaranteed obligation in accordance with the express representation doctrine under Article 126 of the Civil Act. 2) Even if the Defendant did not grant the right of representation regarding the conclusion of the joint and several liability contract, the Defendant’s assertion
B. Determination 1 Defendant B