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1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.
The Defendants jointly and severally serve as the Plaintiff KRW 25,388,467 and their importance.
Reasons
1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant Samsung Card Co., Ltd., the payment of the claim that the Plaintiff acquired from the new card Co., Ltd., and the claim that the Defendant acquired from the new card Co., Ltd. against the Defendant A was jointly and severally paid with the Defendant A. The court of first instance accepted only the claim that the Defendant acquired from the Samsung Card Co., Ltd., and dismissed the claim part of the claim that the Defendants acquired
In response, only the plaintiff appealed against the losing part, so this Court's judgment is limited to the claim portion of the credit that the new card company acquired from the defendants.
2. Facts of recognition;
A. On July 18, 2002, the New Card Co., Ltd. (formerly ELD Card Co., Ltd.) set KRW 6,600,000 to Defendant A as interest rate of KRW 19% per annum and interest rate of KRW 24% per annum (hereinafter “instant loan”). At the time, Defendant B jointly and severally guaranteed Defendant A’s loan obligation.
B. As of May 31, 2013, the claim for the principal and interest of the instant case remains in KRW 5,215,967, overdue interest 19,020,986.
On June 21, 2013, a new card company transferred the principal and interest of the instant loan to the Plaintiff, and notified the Defendant A of the transfer of the instant loan around June 23, 2014.
C. The interest rate in arrears applied by the Plaintiff pursuant to Article 11 of the Regulations on Credit Counseling and Recovery Fund Trustee’s Credit Management Business is 17% per annum, and accordingly, damages for delay on the principal of the instant loan calculated from May 31, 2013 to September 16, 2014 shall be 1,151,514 won.
[Reasons for Recognition] Evidence No. 1-2, Evidence No. 2, Evidence No. 5-1, and Evidence No. 5-2, and the purport of the whole pleadings
3. According to the above facts of determination, Defendant A and Defendant B, a joint and several surety of the principal debtor, jointly and severally, share the principal amount of KRW 25,388,467 (the principal principal amount of KRW 5,215,967 overdue interest of KRW 19,020,986) and KRW 1,151,514).