(영문) 광주지방법원 2015.10.30 2014나7144 | 리걸엔진

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(영문) 광주지방법원 2015.10.30 2014나7144

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 5, 2007, the non-party EL Card Co., Ltd. (hereinafter the "EL Card Co., Ltd.") entered into a substitute exchange agreement between B and B on October 30, 2001, between B and B to grant a loan of KRW 10,290,000 per annum, 19% per annum, delay damages, 26% per annum, and 60 months within the substitute exchange period (hereinafter the "instant loan agreement"), and the defendant jointly and severally guaranteed the debt under the instant loan agreement with the EL Card Co., Ltd. (hereinafter the "joint and several guarantee").

B. On September 30, 2003, the ELD Card transferred the claim against B under the instant loan agreement to the Korea Asset Management Corporation, and the Korea Asset Management Corporation once transferred the above claim to the Plaintiff on May 13, 2005, and at that time notified B of the assignment of the claim as above.

C. Since then, B lost the benefit of the time limit for the obligation under the instant loan agreement. On March 31, 2005, B’s interest accrued pursuant to the instant loan agreement with the Plaintiff was the total amount of KRW 14,551,827 (= Principal amount of KRW 9,957,812 and KRW 4,594,015).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant, as a joint guarantor of the loan agreement of this case, is jointly and severally liable with B, to pay the principal and interest of 15,573,737 won under the loan agreement of this case and the principal and interest of 9,957,812 won, and to pay damages for delay calculated at the rate of 17% per annum that the plaintiff seeks within the scope of the agreement from April 1, 2005 to the date of full payment.

3. If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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