양수금
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
The defendant is against the plaintiff succeeding intervenor.
1. According to the record as to the legitimacy of the appeal of this case, the court of first instance may recognize the fact that the defendant submitted the written appeal of this case within two weeks after he became aware of the fact that the court served the duplicate of the complaint against the defendant, the date of pleading, the notice of the date of pleading, and the authentic copy of the judgment by public notice against the defendant. Thus, the appeal of this case is lawful.
2. Facts of recognition;
A. On April 21, 2008, the joint defendant C of the first instance trial determined the loan amount of KRW 30 million from E Co., Ltd. from May 20, 2008 to 36 months from May 20, 2008, the loan interest rate of KRW 18% per annum, and the overdue interest rate of KRW 29% per annum, and the defendant jointly and severally guaranteed the above loan obligations.
B. On May 18, 2012, E Co., Ltd. transferred the above loan claims and joint and several surety claims to the Plaintiff, and notified C and the Defendant of the assignment of claims.
C. As of May 31, 2012, the above loan claims amounting to KRW 54,601,433 (i.e., the loan principal amounting to KRW 27,403,094, and KRW 27,198,339) remains.
On July 26, 2016, the Plaintiff transferred the above loan claims and joint and several surety claims to the Intervenor succeeding to the Plaintiff, and notified C and the Defendant of the assignment of claims at that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
3. The fact that the plaintiff transferred his claim against the defendant to the intervenor succeeding to the plaintiff during the lawsuit of this case while the lawsuit of this case is pending. Thus, the plaintiff's claim cannot be accepted without examining any further.
4. According to the facts seen earlier prior to the determination on the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor the interest rate of KRW 54,601,43 and the interest rate of KRW 27,403,094, which is the principal, to the Plaintiff’s succeeding intervenor, calculated at the rate of 29% per annum, which is the overdue interest rate from June 1, 2012 to the date of full payment.
5. The plaintiff's claim against the defendant is dismissed as it is without merit, and the plaintiff's claim against the defendant is justified.