양수금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The defendant shall be jointly and severally with the co-defendant A of the first instance trial.
1. Facts of recognition;
A. On July 14, 2002, Co-Defendant A of the first instance trial determined the repayment period of KRW 10,000,000 from the Agricultural Cooperative of the Incheon Livestock Industry (hereinafter “instant loan”) as KRW 10,000 on February 14, 2004; the interest rate of KRW 11.5% per annum; and the delay damages rate of KRW 20.5% per annum.
The defendant guaranteed the debt of the loan of this case.
B. On June 28, 2013, the Plaintiff acquired the principal and interest claim of the instant loan from the Echeon Livestock Agricultural Cooperative on May 31, 2013.
On December 31, 2013, the Plaintiff sent a notice of the assignment of claims to A by content-certified mail on behalf of the Echeon Livestock Agricultural Cooperative.
C. The principal and interest of the instant loan as of December 5, 2013 is KRW 12,247,861 (i.e., principal amount of KRW 8,379,300, May 31, 2013; and (ii) interest and delay damages incurred before May 31, 2013; KRW 3,134,856; and (iii) damages for delay calculated at the rate of 17% per annum as stipulated in Article 11 of the Rules on the Management of Entrusted Claims with the Credit Counseling and Recovery Fund from May 31, 2013 to December 4, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3, and 6, the purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant is jointly and severally liable with the co-defendant A of the first instance trial to pay the Plaintiff the interest of KRW 12,247,861 as well as the interest of KRW 8,379,300 as to the principal of the instant loan and KRW 8,379,300 as claimed by the Plaintiff from December 5, 2013 to the date of full payment.
The plaintiff's claim against the defendant is justified, and since the part against the defendant in the judgment of the court of first instance against the defendant is unfair with different conclusions, the court of first instance revokes the above decision and ordered the defendant to pay the above money, it is so decided as per Disposition.