보증채무금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The first instance court did not make a determination on the loan principal amounting to KRW 8,00,00,000 and damages for delay, and did not make a determination on overdue interest amounting to KRW 5,878,598.
Since the overdue interest claim is still pending in the first instance court because it falls under the omission of the judgment, the object of this court's inquiry is limited to the principal of the loan and the damages for delay.
2. As to the cause of claim
A. 1) The National Agricultural Cooperative Federation loaned 8,00,000 won to B on August 3, 200 at interest rate of 13.25% per annum, and damages for delay at 18% per annum, and the Defendant jointly and severally guaranteed the above loan obligations. 2) The National Agricultural Cooperative Federation filed a lawsuit against the Defendant on April 25, 2005 against the Defendant by filing a decision of performance recommendation as stated in the purport of the claim for the guaranteed debt amount as of April 25, 2005. The above decision of performance recommendation was served on the Defendant on May 3, 2005 and became final and conclusive on May 18, 2005.
3) On March 1, 2012, the National Agricultural Cooperative Federation established the Plaintiff by dividing the part relating to the banking business among the credit businesses on March 1, 2012. [The respective descriptions of subparagraphs A and 2, based on recognition, and the purport of the entire pleadings
B. The defendant is obligated to pay to the plaintiff 8,00,000 won with 18% per annum from April 12, 2005 to May 3, 2005, and 20% per annum from the next day to the day of full payment.
3. As to the defendant's argument
A. 1) In order for the plaintiff to succeed to the National Agricultural Cooperative Federation's claims against B and Defendant, the division plan must include specific claims, and the plaintiff's claims should be dismissed as there is no proof. 2) According to the facts acknowledged as Gap evidence No. 2, the property transferred to the first division plan following the National Agricultural Cooperative Federation's business restructuring shall be transferred to the National Agricultural Cooperative Federation's business restructuring, and the property transferred from the division due to the division 5. The division plan 5.