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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.
Reasons
1. Facts of recognition;
A. On July 5, 2003, Co-Defendant A of the first instance trial was loaned KRW 15,500,000 from EL branch card Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “New Card Co., Ltd.”) (hereinafter “New Card”) for the lending period of KRW 48 months, interest rate of KRW 12.3% per annum, and delay damages rate of KRW 28% per annum, and the Defendant jointly and severally guaranteed the above lending obligation of EL branch on the same day.
B. On June 21, 2013, the Plaintiff received a claim for the principal and interest of loan from a new card, and notified A of the transfer of the principal and interest of loan on March 31, 2014 with the authority delegated by the new card.
C. As of March 14, 2014, A’s total sum of the principal and interest of the loan obligation is KRW 66,810,858 (i.e., principal and interest of KRW 15,50,000 and damages for delay, KRW 51,310,858). The overdue interest rate determined by the Plaintiff regarding the purchase claim is 17% per annum.
【Reasons for Recognition】 Each entry of Evidence Nos. 3, 7, and 8-1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination, the defendant is jointly and severally liable to pay the plaintiff 6,810,858 won of the above principal and interest of interest of the loan and damages for delay calculated at the rate of 17% per annum from March 15, 2014 to the date of full payment.
3. As such, the plaintiff's claim against the defendant in this case is accepted on the grounds of its reasoning, and since the part against the defendant in the judgment of the court of first instance is unfair on the grounds of its conclusion, it is so revoked, and it is ordered to order the plaintiff to pay the above amount.