1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

B On July 19, 2003, after concluding a loan contract with 12,500,000 won between EL branch card Co., Ltd. (hereinafter “EL branch card”) and having a loan contract with 12,50,000 won to obtain a loan at an overdue interest rate of 28%, B received a loan of 12,50,000 won from EL branch card (hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan obligations against EL branch card.

On May 13, 2005, the Plaintiff acquired all of the claims for the instant loans from the ELD Card and notified the transfer of claims.

B did not repay the principal and interest on the date of repayment, thereby losing the benefit of the term of the instant loan, and on December 20, 2007 and June 30, 2010, prepared and issued to the Plaintiff a letter of request for debt approval, re-resolution, and undertaking to the Plaintiff.

B Of the instant loans, the remaining debts as of October 7, 2015 were the total of KRW 9,027,030 and accrued interest KRW 21,365,94 and unpaid interest KRW 30,392,974.

[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, 9, and 12 (including branch numbers; hereinafter the same shall apply) and the facts of recognition as above, the court below's determination as to the ground of claim as to the whole of the pleadings, the defendant, a joint guarantor of Eul, has a duty to pay the above unpaid loan and interest or delay damages to the plaintiff, a transferee of the loan claim of this case, unless there are special circumstances.

The defendant's assertion of the judgment party as to the defendant's defense of extinctive prescription has expired from June 30, 2010, which is the date of approval of debt B, the period of extinctive prescription for the loans of this case, which is the principal debt, after the lapse of the five-year commercial extinctive prescription period from June 30, 2010. The defendant's joint and several surety obligation

On January 31, 201, the Plaintiff paid KRW 100,000 to the Plaintiff on January 31, 201, another joint and several surety, which is another joint and several surety for the instant loans after the date of the said debt approval.