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1. Revocation of a judgment of the first instance;
2. The Defendants shall jointly and severally serve as KRW 28,072,429 and KRW 7,130,546 among the Defendants.
Reasons
1. Facts of recognition;
A. Defendant A obtained and used a credit card from ELL Card Co., Ltd. (hereinafter “New Card Co., Ltd.”), and delayed payment of the credit card amount, Defendant A obtained a substitute loan from the new card on September 25, 2002, and Defendant B guaranteed Defendant A’s debt at the time.
B. After that, on June 21, 2013, the Plaintiff acquired the above loan claims from the new card, and notified the Defendant A of the transfer of the above loan claims on December 31, 2013 with the authority delegated by the new card.
C. The balance of the principal and interest of a loan is KRW 7,130,546 as of January 24, 2014, plus KRW 28,072,429,429 as of KRW 20,941,883.
The overdue interest rate determined by the Plaintiff within the scope of the agreed interest rate on the above loan obligation shall be 17% per annum.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the balance of the principal and interest of loans of KRW 28,072,429 as well as damages for delay calculated at the rate of 17% per annum from January 25, 2014 to the date of full payment.
3. If so, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is revoked, and it is ordered to order the defendants to pay the above money to the plaintiff.