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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On August 2002, Nonparty B joined as a credit card holder of Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used (including card loan) a credit card issued from Hyundai Card, but did not pay the credit card price (including card loan loan).
B. The Defendant jointly and severally guaranteed the credit card payment obligation of Nonparty B.
C. On January 27, 2006, Hyundai Card transferred the credit card payment claim against Nonparty B to Hyundai Capital Co., Ltd. and notified the Defendant of the fact of transferring the credit card payment claim on June 13, 2007. Hyundai Capital Co., Ltd. transferred the credit card payment claim against Nonparty B to the Plaintiff on December 28, 201, and on June 5, 201, the Plaintiff was delegated by Hyundai Capital Co., Ltd. and notified Nonparty B of the fact of transferring the credit card payment claim.
The Plaintiff’s claim against the Defendant is KRW 9,726,00 (= Principal KRW 1,805,091 KRW 7,920,910) as of August 31, 2015.
E. Meanwhile, the interest rate for delay applied by the Plaintiff at present pursuant to Article 11 of the Regulations on Credit Counseling and Recovery Fund Trustee’s Credit Management Business is 17% per annum.
[Reasons for Recognition] Each entry of Gap evidence 1 through 6 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum, which is the interest rate of 17% per annum, from the following day of calculation ( August 31, 2015) to the date of full payment of the principal amount of KRW 9,726,001 (i.e., the principal amount of KRW 1,805,091) and the principal amount of KRW 1,805,091.
3. Thus, the plaintiff's claim of this case shall be accepted within the extent of the above recognition and the remaining claims shall be dismissed as without merit. Since the part against the plaintiff corresponding to the above amount among the judgment of the court of first instance which has some different conclusions is unfair, it shall be revoked and it shall be ordered to order the defendant to pay the above amount.