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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is ordered.
Reasons
1. Basic facts
A. On November 5, 1996, C Cooperatives (hereinafter “C Cooperatives”) agreed to extend the repayment date of the above loan to November 14, 200 on the following: 11.4% per annum; and 17% per annum (hereinafter “instant loan”); and 14, November 14, 1998:
At the time of the extension, the defendant and E jointly guaranteed the above loan obligations.
B. On October 11, 2002, the C Union transferred the principal and interest of the instant loan to the Korea Asset Management Corporation, and the Korea Asset Management Corporation transferred on August 28, 2012 the principal and interest of the instant loan to the Defendant, and around that time, notified D of the transfer of claim.
C. Meanwhile, the cooperative filed a payment order against D and E seeking the payment of the instant loan with the Changwon District Court 2002j253, and issued a payment order accordingly on February 6, 2002. The order became final and conclusive around that time.
In addition, the Korea Asset Management Corporation filed a lawsuit against D, E, and the Defendant seeking the payment of the instant loan with the Changwon District Court 2007Gaso3510, and rendered a decision of performance recommendation accordingly on January 17, 2007. The decision became final and conclusive around that time.
On November 4, 2010, E repaid KRW 406,00 in total until March 25, 2011, and KRW 406,000 in relation to the instant loan. The Korea Asset Management Corporation appropriated this in favor of the debtor in the order of expenses, principal and interest.
As a result, the loan principal of this case remains 7,067,03 won, and the total amount of principal and interest of the loan as of October 11, 2002 became 10,152,653 won.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including provisional number), the purport of the whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the defendant calculated 17% per annum from October 12, 2002 to the date of full payment of the loan principal of this case with the amount of KRW 10,152,653, and the amount of KRW 7,067,03, out of the loan principal of this case, to the plaintiff.