양수금
1. Revocation of a judgment of the first instance;
2. The Defendants jointly and severally against the Plaintiff KRW 6,438,162 and KRW 3,583,959.
1. On August 26, 2004, Hyundai Capital Co., Ltd.: (a) lent KRW 3,583,959 to Defendant A at an annual interest rate of 25% per annum; and (b) the period of 48 months (12-month grace period).
Defendant B jointly and severally guaranteed the obligation of the above loan to Defendant A’s above company.
On July 1, 2010, the above company transferred the above loan claim against Defendant A to the Plaintiff (hereinafter “CF”). On December 3, 2010, the Plaintiff delegated the authority from the above company and notified Defendant A of the assignment of the above loan claim by content-certified mail.
At present, the balance of the loan claim is the principal amount of KRW 3,583,959, and interest or delay damages until September 24, 2014 (i.e., 2,854,203) (i.e., delay damages at the rate of 17% per annum applied by the Plaintiff after the assignment of claim KRW 168,394 before the assignment of claim).
[Ground of recognition] Evidence Nos. 1-2, Gap evidence Nos. 2, 3, 4, and 5, and the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the total sum of KRW 6,438,162 (=3,583,959 won 2,854,203) and the principal amount of KRW 3,583,959, which is the day following the date of calculating the above interest, damages for delay at the rate of 17% per annum for the Plaintiff within the agreed interest rate from September 25, 2014 to the day of full payment.
3. Thus, the plaintiff's claim against the defendants shall be accepted on the grounds of all grounds, and the judgment of the court of first instance, which has different conclusions, is unfair, and it shall be revoked and the court shall jointly order the defendants to pay the above amount to the plaintiff. It is so decided as per Disposition.