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(영문) 창원지방법원 2018.01.11 2017가단113504

양수금

Text

1. The defendant 59,201,154 won to the plaintiff and the plaintiff

A. As regards KRW 24,284,747 among them, from July 17, 2017 to August 2, 2017

Reasons

1. Basic facts

A. On September 30, 1998, the original agricultural cooperative loans KRW 80,000,000 to the Defendant on September 30, 1999; and KRW 90,000,000 on March 24, 199 on the date of repayment set as March 24, 200; and on June 10, 199, the repayment date was set as June 10, 200; and KRW 100,000,000, respectively.

(hereinafter referred to as “instant loan” in the order of priority. (b)

As of July 16, 2017, the loans extended by the Defendant as of July 16, 2017 consisting of KRW 24,284,747 and interest KRW 63,687,247 and KRW 87,971,94 in total, and KRW 115,25,25,183 in total, the loans extended by KRW 40,236,980 and interest KRW 115,25,183 in total, KRW 15,492,163 in total, and KRW 30,647,612 in total, and KRW 315,736,997 in total.

C. On April 23, 2013, the original agricultural cooperative transferred a claim under the loan agreement No. 1, 2, and 3 above to the Plaintiff, and notified the Defendant of the above transfer.

As of the filing date of the instant suit, the rate of damages for delay under each of the instant loan agreements is 1, 19% per annum for loans, 19% per annum for loans, and 18% per annum for loans.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the facts established prior to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 559,201,154 (= KRW 87,971,994, KRW 155,492, KRW 163, KRW 315,76,97), and damages for delay calculated from July 17, 2017 to the date of delivery of the original copy of the instant payment order clearly from July 2, 2017 to August 2, 2017, plus interest rate of KRW 19% per annum from the following day to the date of full payment, to the date of full payment, plus interest rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, and interest rate of KRW 85,089,385 per annum as to the remainder of the loans, from July 28, 2017 to the date of full payment.

3. The plaintiff's claim is reasonable.