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1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
Reasons
1. Facts of recognition;
A. On September 30, 2012, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) agreed to receive installment payments of the principal and interest during the lending period with loans extended by the Defendants on September 30, 2012 to the Co-Defendant A of the first instance trial (hereinafter “A”). A also appealed against the judgment of the first instance court of this case at least twice on the date of the first instance trial, but his appeal was withdrawn on December 2, 2016 due to his absence on two occasions at the date of the first instance trial (hereinafter “A”) by setting the interest rate of KRW 70 million per annum 17.9% per annum (24% per annum per annum) and 48 months during the lending period.
B. After that, on November 20, 2014, the Savings Bank transferred the above principal and interest of loan to the Plaintiff, and notified the Defendants thereof at that time.
C. As of April 20, 2015, the principal amount is KRW 54,426,201, interest rate is KRW 16,393,019.
[Evidence Evidence] Each entry of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination
A. According to the facts of determination as to the cause of the claim under paragraph (1), the Defendants are jointly and severally liable to pay to the Plaintiff, the assignee of the above principal and interest of loan amounting to KRW 70,819,220 (=interest of KRW 54,426,201 and KRW 16,393,019) and, among them, interest rate of KRW 54,426,201 on the loan principal and interest of KRW 54,426,201 at the rate of delay interest rate from April 21, 2015 to the date of full payment.
B. The Defendants’ assertion as to the Defendants: (a) borrowed KRW 70 million from the Savings Bank to purchase the used vehicles owned by A; and (b) directly transferred only KRW 22,432,013, excluding KRW 47,532,987, which is the money to repay the existing loans to the Hyundai Capital Co., Ltd. of D with the said vehicle as security; (c) the Savings Bank did not repay the existing loans to the Hyundai Capital Co., Ltd.; and (d) therefore, (e) the Savings Bank did not repay the existing loans to the Hyundai Capital Co., Ltd., Ltd., the Defendants asserted that the loans borrowed from the Savings Bank are KRW 22,432,013; and (e) the said money was fully repaid by A.
Sheet, Nos. 1 and 2, respectively.