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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
Reasons
1. Basic facts
A. On January 12, 2003, the Korea Forest Credit Union (hereinafter referred to as the “Korea Forest Credit Union”) set a loan at the rate of 12.5% per annum on January 12, 2003 and at the rate of 19% per annum on January 12, 2003 with the Plaintiff, the Defendant, and D as joint and several sureties.
(hereinafter “instant loan”). (b)
The loan claim of this case, which was in arrears at the time of March 31, 2006 due to the bankruptcy of the non-party new agreement, was transferred to the Reorganization Financial Corporation (Law No. 910, Nov. 10, 2009).
C. On February 28, 2011, the Plaintiff subrogated 30,011,139 won, including the principal and interest of the instant loan, KRW 15,00,000 ( KRW 3,622,129, KRW 11,377.871), and KRW 15,011,139, in total, on April 21, 2011, to a foreign credit information company, which is a trustee agency of KNC, for the instant credit information company.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 4 through 10, Eul evidence No. 1-1, 2, 2, and 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that although the principal debtor was a C, the principal debtor actually agreed to use and repay the loan, and that the plaintiff who was admitted as a joint and several surety by the defendant's failure to repay the loan and paid KRW 30,01,139, the defendant is liable to pay the loan amounting to KRW 30,011,139 and delay damages.
B. Comprehensively taking account of the evidence and the purport of the entire arguments and arguments employed earlier, the Defendant: (a) on April 27, 2001, drafted and delivered to the Plaintiff a written statement of performance to repay KRW 30 million to the Plaintiff, and (b) subsequently, to repay the legal costs of KRW 2.3 million to the Plaintiff; (c) on May 7, 2001, the Defendant borrowed KRW 30 million from the Plaintiff and 2.3 million from the Plaintiff on May 7, 2001; and (d) drafted and delivered a letter of performance to the Plaintiff that the repayment was promised to be made with the written statement of performance.