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1. The Defendant’s KRW 3,00,000 and the Plaintiff’s annual rate of KRW 5% from July 11, 2014 to July 17, 2015.
Reasons
1. Facts of recognition;
A. On March 19, 2003, the Plaintiff’s husband B entered into an exchange loan agreement with the EL Card Co., Ltd. (hereinafter “EL Card”) to substitute KRW 3,850,000 for the above other debt amounting to KRW 8,832,52 and other debt amounting to KRW 3,850,000. The Plaintiff jointly and severally guaranteed debt amounting to B under the above exchange loan agreement.
(The plaintiff did not stand a joint and several surety for the credit card payment obligation of B.
On August 29, 2003, the Defendant received only the credit card payment claim against B from the new card company (hereinafter referred to as the “new card,” and the fact that the EL branch card was changed to the new card), but did not have any claim against the Plaintiff (the above credit refund claim did not have any claim against the Plaintiff due to the fact that it was not taken over). The Defendant received also the documents regarding the above credit refund loan contract from the new card in the course of the process of the acquisition of the claim.
C. On May 2, 2005, the Defendant filed a claim against B and the Plaintiff for a total of KRW 8,794,882,00 with Jeonju District Court Decision 2005Da37891 (hereinafter “related lawsuit”), and with respect to KRW 3,850,00 out of KRW 8,832,52,52 credit card payment, and the Plaintiff jointly and severally guaranteed the above loan obligation, and the Defendant acquired the above claim against B and the Plaintiff. The Defendant filed a claim against B for a total of KRW 4,982,52,52, and the balance of the card payment and KRW 3,812,360, and KRW 8,794,882, and with respect to the Plaintiff, the Plaintiff filed a claim against B for a remainder of KRW 3,812,360, and each of the above amounts calculated by the annual rate from February 17, 2003 to February 25, 2003.
On May 18, 2005, the above court made a decision of performance recommendation with the same content as that of the defendant's purport against B and the plaintiff, and on June 20, 2005, the above decision was served to B as Full-si C in the Jeonju City, which is the domicile of the complaint, and on July 5, 2005.