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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The Defendants shall jointly and severally serve as the Plaintiff KRW 42,774,676.
Reasons
1. The scope of this Court’s judgment against the Defendants: (a) the Plaintiff sought a payment of the loan claim against the Defendants, which was taken over from the lower loan asset management, the new card company (EL branch card company, hereinafter “new card company”); (b) the national card; (c) the Seoul Guarantee Insurance; and (d) the first instance court accepted the Plaintiff’s claim based on the loan claim against the lower loan asset management, the national card, the Seoul Guarantee Insurance; and (c) the Plaintiff dismissed the Plaintiff’s claim based on the loan claim that was taken over from the new card
This Court's judgment is limited to claims for loans that the plaintiff claimed to have taken over from the new card because only the plaintiff appealed.
2. In full view of the overall purport of the pleadings as to the cause of the claim, Gap evidence 1-3, Gap evidence 2-2, Gap evidence 4, and Eul evidence 6-1 through 3, the whole purport of the pleadings is as follows: ① Defendant A was loaned KRW 10,300,00 from the new card on November 19, 199; Defendant B jointly and severally guaranteed Defendant A’s loan obligations to Defendant A; ② The new card transferred the Plaintiff’s loan obligations to Defendant A on June 21, 2013; ② the Plaintiff was delegated with the authority to notify the transfer of the credit from the new card on June 23, 2014 and notified the Plaintiff of the transfer of the transfer of credit; ③ as of October 5, 2014, the principal and interest of the loan claims that the Plaintiff acquired from the new card was KRW 42,74,67,97,00,000, KRW 376,076).
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the total amount of KRW 42,774,676 and the balance of the loan amount of KRW 9,60,000,00 with interest rate of KRW 17% per annum from October 6, 2014 to the date of full payment.
3. Thus, the plaintiff's claim against the defendants is justified.