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1. Revocation of a judgment of the first instance;
The Defendants jointly and severally against the Plaintiff KRW 6,475,318 and KRW 5,082,508.
Reasons
1. The following facts can be acknowledged in full view of the purport of the entire pleadings in the descriptions of Gap evidence Nos. 1 to 4, Gap evidence No. 5-1, 2, and Gap evidence Nos. 6 to 9:
D Around 2013, around 2013, the repayment period is 60 months, the interest rate is 8.9% per annum (24% per annum), and the loan amount is 24 million won per annum (hereinafter “instant loan loan”) and the defendant C has jointly and severally guaranteed the instant loan loan loan to the defendant B-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U
B. On January 19, 2018, D Co., Ltd. delegated the right to notify the transfer of claims to the Plaintiff by transferring all the rights and all other rights incidental thereto, as of December 31, 2017, the sum of the principal and interest of the instant loan claim KRW 5,419,271 (the principal interest of KRW 5,082,50,508) and the interest of KRW 336,763) as of December 31, 2017. On February 6, 2018, the Plaintiff sent the notice of the transfer of claims to the Defendant B Co., Ltd. by content-certified mail.
C. Meanwhile, the principal and interest of the instant loan claim calculated by the rate of 24% per annum, which is the rate agreed upon as of November 12, 2018, is KRW 6,475,318 [the principal and interest of KRW 5,419,271 (the principal and interest of KRW 5,082,508 overdue interest of KRW 336,763) as of December 31, 2017] from January 1, 2018 to November 12, 2018, KRW 1,056,047 x 5,082,508 x 24% x 316 days/365 days];
2. According to the facts of the above recognition, Defendant B and Defendant C, a principal debtor, jointly and severally, are jointly and severally liable to pay damages for delay calculated by the rate of 24% per annum, which is the overdue interest rate of 13 November 13, 2018, from the date of calculation of the final damages for delay, to the date of full payment, to the Plaintiff who acquired the instant loan claim, with the principal debtor, as the principal debtor, the principal debtor, and Defendant C, a joint and several surety.
3. Thus, the plaintiff's claim of this case against the defendants should be accepted for all reasons. Since the judgment of the court of first instance is unfair for different conclusions, the plaintiff's appeal is accepted and the judgment of the court of first instance is revoked, and the above money is against the defendants.