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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 33,234,951 and 8,700 among them.
Reasons
1. According to the facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of KRW 33,234,951 as well as the amount of KRW 8,700,000 as to the loan principal, within the scope of the agreed damages rate of KRW 17% per annum from May 8, 2015 to the date of full payment.
B on June 22, 1999, 8,700,000 won was loaned from Choung Bank Co., Ltd. at the rate of 19% per annum.
Defendant A jointly and severally guaranteed this.
B. On April 30, 2001, the Choung Bank transferred the claim for the instant loan to a limited liability company specializing in the asset-backed securitization on the Damban Sea-Baon, the Dancheon-day, the first asset-backed securitization.
C. On May 30, 2005, a limited liability company specializing in CB and the primary asset-backed securitization had filed a lawsuit against B and the Defendant seeking payment of the amount calculated at the rate of 19% per annum from January 31, 2000 to the date of full payment. The court of first instance ordered B and the Defendant to make a performance recommendation as stated in the above purport of the claim.
On June 15, 2005, the above order of performance recommendation was served on B and the defendant on June 15, 2005 and confirmed on the 30th of the same month.
C. On October 6, 2009, a limited liability company specializing in C&B’s primary asset-backed securitization, for which a decision on performance recommendation was made, transferred the instant loans to C&B Investment Loan Co., Ltd. on the said date. On June 21, 2013, the said stock company transferred the instant loans to the Plaintiff and notified the Plaintiff of the transfer of each of the instant loans.
E. The instant loan claims amounting to KRW 8,700,000 as of May 7, 2015 and the total amount of principal and interest shall be KRW 33,234,951, and among which, 17%, the minimum interest rate out of the interest rate for delay in a financial institution shall apply to the principal and interest of the loan.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. Conclusion, the plaintiff's claim.