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1. Revocation of the first instance judgment.
2. As to KRW 9,670,161 among the Plaintiff and KRW 1,905,803 among the Plaintiff, the Defendant shall on September 1, 2015.
Reasons
1. In full view of the purport of the arguments in Gap evidence Nos. 1, 2, and 6 as to the cause of the claim, the fact that on January 29, 2003, the Japanese Savings Bank (Seoul Mutual Savings Bank Co., Ltd., Ltd., Ltd., previously changed; hereinafter "Japan Savings Bank") extended 2 million won to B with the agreed period of 12 months, overdue interest rate of 36% per annum (hereinafter "the loan of this case") and the defendant jointly and severally guaranteed the debt of this case. The defendant extended the agreed period of the loan of this case on one occasion and changed the period of payment to January 29, 2005, and on August 31, 2015, the fact that the principal of the loan of this case was 1,905,803 won, interest and delay damages, 7,764, 768 won, 9,161 won per annum, and the plaintiff was appointed to the Seoul Central Savings Bank as bankruptcy Trustee on two 197.
According to the above facts, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 9,670,161 as well as KRW 1,905,80 of the principal and interest of KRW 9,670,161 as well as damages for delay calculated by the rate of 36% per annum from September 1, 2015 to the date of full payment, which is the day following the above calculation base date, to the day of
2. Judgment on the defendant's assertion
A. The defendant asserts that ① the debt of this case was repaid on December 22, 2004, which was prior to the due date, and the loan that the plaintiff sought as the claim of this case was made under the loan contract on June 18, 2006, and the defendant did not have any joint and several sureties for the above additional loan, and ② the extinctive prescription of the loan claim of this case was completed after the lapse of the five-year prescription period from January 29, 2005.
B. According to Gap evidence No. 6, Dec. 22, 2004, among the transaction details of the loan of this case, KRW 2,092,361 of Dec. 22, 2004 is deposited and the balance is zero won, and the credit maturity date of the loan of this case is written on June 18, 2006, but it is written in Gap evidence No. 6, 10, and 12.