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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. On August 19, 2009, Defendant A, as the spouse of Defendant A, affixed a seal on an automobile loan agreement with the loan 25 million won, interest rate of 8.75% per annum (24% per annum delay damages), the method of repayment equal division of principal and interest for 36 months, receipt and automatic transfer of the loan, which is provided as security (hereinafter “the instant loan agreement”), affixed a seal on the deposit account of Defendant B bank, joint guarantor entry, and SM5 (Form 2009) (hereinafter “the instant loan agreement”); Defendant B, as the spouse of Defendant A, affixed a seal on the joint and several debt of Defendant A.
B. The registration of ownership of the vehicles SM5 (C) in the name of Defendant B was completed, and the loans were paid in the way of the deposit account in the above national bank account in the name of Defendant B until December 23, 2009, and thereafter the loans were not paid.
C. on August 2, 2012, Daewoo Capital transferred its claim based on the instant loan agreement to Lone Star Loan Co., Ltd., and on October 30, 2012, the Lone Star Loan Co., Ltd transferred its claim to Korea-U.S. Loan Co., Ltd.
On January 23, 2013, the Plaintiff acquired the foregoing bonds from Han-Sa loan Co., Ltd., and notified the Defendants of the transfer on January 25, 2013. The claims based on the instant loan agreement remain in KRW 20,729,192, and KRW 9,600,647 until October 30, 2012.
[Ground of recognition] Gap evidence Nos. 1 (the defendant's seal is presumed to have been authentic, since there is no dispute over that the defendant's seal is affixed with the defendant's seal), Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1 and 6, and the purport of the whole pleadings
2. Determination
A. 1 The Plaintiff, as the final assignee of the claim under the loan agreement of this case, sought the payment of the above loan against the Defendants.
As to this, the Defendants’ loan agreement of this case is stipulated.