양수금
1. Plaintiff 1, among the parts against Defendant A of the judgment of the court of first instance, falls under the following amount:
1. The scope of the judgment of this court is sought from the first instance court, from the Hyundai Capital Co., Ltd., and from the North Eastern Credit Union, each of the claims that the defendant acquired from the above North Eastern Credit Union, and against the defendant B, the above defendant claimed for the payment of the claims that the defendant acquired from the above North East Eastern Credit Union. The court of first instance dismissed all the above claims
The plaintiff appealed against the part of the claim based on the claim and the part of the claim against the defendant Eul, among the judgment of the court of first instance, against the defendant A, and the scope of the judgment of this court is limited to the claim based on the claim and the claim against the defendant B.
2. Facts of recognition;
A. On August 17, 2002, Defendant A borrowed KRW 3,800,000 at the interest rate of 11% per annum, 17% per annum, 17% per annum, and 17 August 17, 2003 at the expiration date of the term of validity, and Defendant B guaranteed Defendant A’s above loan obligations.
B. On January 6, 2004, the North East Korean Credit Union filed a lawsuit against the Defendants as the Gwangju District Court 2004Gada4187, and on June 29, 2004, the judgment that “the Defendants jointly and severally pay to the Plaintiff 3,800,000 won and interest rate of 17% per annum from December 25, 2002 to the date of full payment,” which became final and conclusive as of August 20, 2004.
C. On June 21, 2013, the Plaintiff acquired all of the above loan claims from the North Dong-dong Credit Union, and received delegation of the authority to notify the assignment of claims from the said North Dong-dong Credit Union, and notified Defendant A of the said transfer.
As of February 28, 2014, the balance of the principal and interest of the above loan is KRW 6,670,114 (i.e., principal amount of KRW 3,625,981 or delay damages of KRW 3,04,133). The overdue interest rate determined by the Plaintiff within the scope of the agreed delay damages rate of the above loan claim is 17% per annum.