(영문) 서울중앙지방법원 2015.03.25 2014나46920

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(영문) 서울중앙지방법원 2015.03.25 2014나46920

양수금

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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 1, 2003, Nonparty New Card Co., Ltd. (hereinafter “New Card Co., Ltd.”) loaned 15 million won to Co-Defendant A at the first instance trial on July 1, 2003 at the rate of delay rate of 29.9%. The Defendant guaranteed A’s principal and interest obligation on the same day.

B. A delayed payment of the above loans. The principal and interest of the loans in arrears as of December 9, 2013 are KRW 59,301,021 in total (i.e., the principal and interest of KRW 15,000,000 or delay damages (= KRW 44,301,021).

C. On June 21, 2013, the Plaintiff, a juristic person established for the purpose of credit recovery support, etc. for the debtor, acquired the claim for the principal and interest of loan from the new card to A, and notified A of the transfer of the said principal and interest of loan by the authority delegated by the new card as the transferor on February 11, 2014.

On the other hand, the rate of delay interest determined by the plaintiff on the purchased bonds is 17% per annum.

[Ground of recognition] Evidence No. 1-1, 2, Evidence No. 2, Evidence No. 3-1, and Evidence No. 5, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant (joint guarantor) is jointly and severally liable to pay to the plaintiff 59,301,021 won of the principal and interest of the loan and 15,000,000 won of the principal and interest of the loan to the plaintiff as well as damages for delay calculated at the rate of 17% per annum from December 10, 2013 to the date of full payment as of December 10, 2013.

3. Thus, the plaintiff's claim against the defendant is justified, and since the part against the defendant in the judgment of the court of first instance is unfair with different conclusions, it is so revoked and order the defendant to pay the above money. It is so decided as per Disposition.

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