Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. On December 2, 2002, Co-Defendant B of the first instance court borrowed KRW 18,400,000 from the EL branch card Co-Defendant B (hereinafter “EL branch card”) on the card loan, and at the time, the Defendant agreed to guarantee the above loans to the EL branch card Co., Ltd.
B. On June 30, 2003, the EL branch card transferred the credit to the Plaintiff and notified the transfer of the credit to the said B.
(hereinafter referred to as the “instant claim”). C. of the instant claim
As of November 28, 2012, the principal amount of the instant claim against the Plaintiff B and the Defendant is KRW 18,141,172, the sum of interest and delay damages on the rate agreed upon by the Plaintiff, KRW 45,280,343, and the overdue interest rate applied by the Plaintiff to the said claim is KRW 25% per annum.
On July 15, 2009, the defendant filed an application for individual rehabilitation with the Busan District Court 2009 Busan District Court 2009Da34215, and reported the plaintiff's purchase bonds of Samsung Card (No. 8 of individual rehabilitation creditors' list) and the defendant's purchase bonds of El Card (No. 9 of individual rehabilitation creditors' list) against the defendant as rehabilitation claims based on the debt certificates issued by the plaintiff to the defendant on July 10, 2009, which were issued by the plaintiff to the defendant. However, the defendant did not report the acquisition bonds of this case jointly and severally guaranteed by the defendant from the list of individual rehabilitation creditors because they were omitted in the above debt certificates.
E. After receiving a decision to authorize the repayment plan in the above individual rehabilitation procedure and completing repayment according to the repayment plan, the Defendant was granted immunity from the above court on October 22, 2014.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 4 (including each number), Eul evidence 1 to 5 (including each number), the purport of the whole pleadings
2. According to the above-mentioned facts, the Defendant calculated the principal and interest of KRW 63,421,515 and the principal and interest of KRW 18,141,172 as to the Plaintiff’s acquisition of the instant bonds.