양수금
1. Of the judgment of the court of first instance, 5,768,703 won and 3,157,894 won among the judgment of the court of first instance shall be fully paid.
1. Facts of recognition;
A. On December 9, 2003, the South Sea Credit Union extended a loan with interest of KRW 20 million per annum, interest rate of KRW 8% per annum, interest rate of KRW 15% per annum, and due date of repayment on December 9, 2006 (hereinafter “instant loan”). At the time F, G, H, etc. guaranteed the instant loan obligations.
B. On June 21, 2013, the South Sea Credit Union transferred the instant loan claims to the Plaintiff, and notified the fact of transferring the claims to the primary debtor E around June 23, 2014.
On the other hand, as of May 31, 2013, immediately before the assignment of the above credit, the instant loan claim remains at KRW 36,535,121 (principal interest and delay damages).
C. Of the joint and several sureties for the instant loan, F died on June 13, 2005, and the spouse A inherited the deceased’s property at the ratio of 3/19 shares, 2/19 shares, and 2/19 shares, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) According to the above facts of recognition, barring any special circumstance, Defendant A’s 5,768,703 won (36,535,121 won x 3/19, and less than KRW 3/19; hereinafter the same shall apply).
(2) As to the principal amount of KRW 3,157,894 (20 million x 3/19), Defendant B, C, and D have the obligation to pay damages for delay calculated at the rate of KRW 3,845,802 (36,535,121 x 2/19 x 2/19) and the interest rate of KRW 2,105,263 (20 million x 2/19 x 2/19) from June 1, 2013 to the date of full payment. Accordingly, the Plaintiff has the obligation to pay damages for delay calculated at the rate of KRW 17% per annum under the above internal rules on the premise that the damages for delay under the loan agreement in this case is higher than the annual interest rate of KRW 17% under Article 11 of the Regulations on Credit Recovery and Trust Management. However, there is no evidence to acknowledge damages for delay as set forth in the loan agreement in this case.