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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The plaintiff's assertion
A. B entered into an agreement with Samsung Card Co., Ltd. (hereinafter “Tsung”) and used a credit card upon obtaining a credit card, and the Defendant jointly and severally guaranteed the obligations owed by Samsung Card in relation to the use of the credit card.
B. The claim against Samsung Card B was transferred in sequence to the limited company specializing in the Postal Securitization on April 30, 2003, to the promotion mutual savings bank on March 31, 2008, to the IM deposit company on December 28, 201, and to the Plaintiff on September 26, 2012, and each of the above assignment of claims was notified.
C. Therefore, as of September 25, 2012, the Defendant, a joint and several surety, is obligated to pay to the Plaintiff, a final transferee of the claim, the interest of KRW 12,052,564 as of September 25, 2012, and the interest of KRW 3,510,920 as of September 25, 201, calculated at the rate of 20% per annum from September 26, 2012 to the date of full payment.
2. The defendant recognized the fact of joint and several sureties's joint and several sureties's obligation, but asserts that his joint and several sureties's obligation became extinct due to the completion of prescription.
Even if the extinctive prescription for a joint and several surety obligation is suspended, it does not cease to exist, and if the principal obligation ceases to exist due to the completion of the extinctive prescription, the joint and several surety obligation shall naturally be extinguished according to the nature of the principal obligation regardless of the interruption of prescription
(1) The court below concluded a loan contract with Samsung Card and its maturity date on September 16, 2002; 2000Da62476, May 14, 2002; 201Da78606, Jan. 12, 2012; and 201Da78606, Jan. 12, 201). In full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3-1, 2, and 5, the court below concluded a loan contract with Samsung Card and its maturity date on Sep. 16, 2002; 19% per annum of the interest rate; 3.47,00 won per annum; and the defendant under the above loan contract on the same day.