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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On March 18, 2003, the Defendant borrowed 4,930,000 won (hereinafter “the instant loan 1”) from the National Bank of Korea (hereinafter “National Bank”), and 6,500,000 won (hereinafter “the instant loan 2”) from the New Card Co., Ltd. (hereinafter “New Card Co., Ltd.”) on April 29, 2003 (hereinafter “New Card Co., Ltd.”) on April 29, 200, 36 months of each loan, interest rate 22% per annum, and damages rate 24% per annum.
Co-defendant B of the first instance trial jointly and severally guaranteed each of the above loans.
B. On July 29, 2003, the National Bank filed a lawsuit against the Defendant and B seeking the payment of the loan No. 1 in Busan District Court Decision 2003Da479556, and the above court rendered a favorable judgment on December 11, 2003.
The above judgment was finalized on January 6, 2004.
C. On April 10, 2009, the National Bank and the New Card transferred the claim for loans Nos. 1 and 2 of this case to the Plaintiff (former Trade Name: the Credit Counseling and Recovery Fund).
On December 2, 2009, the Plaintiff was delegated with the power to notify the assignment of claims from the National Bank, the New Card, and notified the Defendant of the transfer of each of the above claims.
As of August 31, 2010, the sum of principal and interest of each of the above claims is KRW 27,211,634 [The remaining principal amount is KRW 11,108,062 (=the remaining principal amount is KRW 6,370,930 in a new card of KRW 4,737,132 in a national bank) and damages for delay until August 31, 2010 (= KRW 16,103,572 in a new card of KRW 2,703,726 in a national bank)].
[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of the claim, the defendant is entitled to 17% per annum against the plaintiff who is the transferee of the bonds of this case within the agreed interest rate of 24% per annum from September 1, 2010 to the date of full payment, with respect to the total amount of the principal of the loans of this case 27,211,634 won and the remaining principal amount of 11,108,062 won.