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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. Plaintiff 1) An annual community credit cooperative (former community credit cooperative on September 8, 200), whose trade name is changed to a “permanent community credit cooperative” on September 8, 200, as follows:
) On December 19, 1997, the Defendant granted a loan of KRW 25,00,000 per annum to the Defendant with interest rate of KRW 13.5% per annum, interest rate of delay 22% per annum, and the expiration date of the loan period as of December 19, 198 (hereinafter “the instant loan obligation”).
(2) On June 28, 2013, the Plaintiff was delegated with the authority of the transferor to notify the Defendant of the assignment of the above credit on March 31, 2014.
3) The principal and interest of this case remaining as of April 7, 2014 shall be the sum of KRW 24,984,922, interest and overdue interest of KRW 39,215,958, and the rate of overdue interest determined by the Plaintiff is 17% per annum. Accordingly, the Defendant is jointly and severally liable with B to pay damages for delay calculated at the rate of KRW 17% per annum, which is the rate of overdue interest of KRW 64,200,880, as well as KRW 64,200,80, among the principal and interest of this case, to the Plaintiff who acquired the instant loan claim jointly and severally with B, and the principal amount is 24,984,922 from April 8, 2014 to the date of complete payment.
B. At the time of December 19, 197, Defendant B, the Defendant’s spouse, used the Defendant’s seal without the Defendant’s consent, thereby forging documents related to the loan of this case, such as the loan transaction agreement, and thus, the Plaintiff’s claim is unreasonable.
2. According to the results of the judgment of the first instance court appraiser C’s written appraisal, the two pages are as follows: (a) evidence that conforms to the fact that the loan transaction agreement was concluded on December 19, 1997 between the Young Community Credit Cooperatives and the defendant, and the defendant’s written statement and the defendant’s written statement are written in the Gap evidence No. 1 (a loan transaction agreement) and the court of first instance as to the Young Community Credit Cooperatives, attached to the results of the inquiry (as of March 3, 2015) into the Young Community Credit Cooperatives (as of December 197, 197).