beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On December 24, 1993, the forest room livestock cooperative loans the Defendant at a fixed rate of 3% per annum, 17% per annum, 19% per annum, and 12% per annum from December 1996 to December 2003 (hereinafter “instant first loan”). On March 4, 1996, 5% per annum, 17% per annum, 17% per annum, and from March 201 to March 201, 201, the Plaintiff jointly and severally guaranteed each of the above loans owed by the Defendant to the forest room livestock cooperative (hereinafter “instant loans”).
B. On January 26, 1996, the clinical Agricultural Cooperatives lent KRW 20,000,000 to the Defendant (hereinafter “instant third loan”), and the Plaintiff jointly and severally guaranteed the Defendant’s obligations to the said loans to the clinical Agricultural Cooperatives.
C. The Defendant lost the benefit of time due to the Defendant’s failure to repay each of the loans of this case. On September 6, 2001, the Plaintiff subrogated to the Forestry Cooperatives of the Forestry Center of the amount of KRW 16,864,941 [the principal amount of KRW 2,396,357 [the principal amount of KRW 2,100,000, KRW 296,357]; KRW 14,468,584 of the instant loans (=the principal amount of KRW 11,48,00, KRW 2,980, KRW584)]; around August 2006, the Plaintiff subrogated to the Forestry Association of the Forestry Center of the Republic of Korea for the principal amount of KRW 11,947,70 (=the principal amount of KRW 6,60,000, KRW 5,347,709)].
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number), court of first instance and the court of this court's inquiry results of each inquiry of facts to the pregnant and actual agricultural cooperatives, the purport of the whole pleadings as a whole.
2. According to the above facts of determination as to the cause of claim, the defendant, barring any special circumstance, shall be 28,812,650 won in total of the amount of subrogated payment (i.e., loans 2,396,357 won in 14,468,584 won in 2,48,584 won in 14,468,709 won in 16,864,941 in total of loans 1,2 in 16,864,941 in 201, which is the date of subrogated payment, to the plaintiff.