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1. The part against the defendant in the judgment of the first instance is revoked.
2. The defendant shall be jointly and severally and severally with the plaintiff KRW 5,984,122.
Reasons
1. Facts of recognition;
A. B, on July 11, 2003, borrowed 15,000,000 won from the National Card Co., Ltd. (hereinafter “National Card”) at the interest rate of 24.5% per annum, and received 28% per annum at the overdue interest rate (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the instant loan obligations against B’s national card.
B. Upon delay in the repayment of the foregoing debt, the national card transferred the instant loan claim to the Plaintiff on June 21, 2013, and the Plaintiff was delegated with the authority to notify the assignment of claims from the national card and sent the notice of the said assignment of claims to B by the content-certified mail on June 23, 2014.
C. As of September 7, 2016, the balance of the instant loan obligations is KRW 5,894,122 (i.e., the principal amount of KRW 3,052,81,306, etc.) and the overdue interest rate applied by the Plaintiff after May 31, 2013 is 17% per annum within the scope of the overdue interest rate under the agreement.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3 through 8 (including virtual number), the purport of the whole pleadings
2. In light of the above facts and the fact that the above recognition and the guaranteed liability are subordinate to or accompanied by the principal obligation, so long as the assignment of claims is notified to B, which is the principal obligor of the loan obligation of this case, the effect of the assignment of claims is effective against the Defendant, who is the joint and several surety (see, e.g., Supreme Court Decision 2002Da21509, Sept. 10, 2002), the Defendant, as a joint and several surety, is jointly and severally and severally liable to pay damages for delay calculated at the rate of 17% per annum from September 8, 2016 to the date of full payment.
3. Thus, the plaintiff's claim against the defendant should be accepted with merit, and since the part against the defendant in the judgment of the court of first instance as to the defendant is unfair with different conclusions, the plaintiff's appeal shall be accepted and the defendant shall be revoked and the payment of the above money shall be ordered.