양수금
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.
1. The defendant borrowed 5 million won from the Seocheon-gun National Fisheries Cooperatives on September 5, 1992 as interest rate of 14% per annum, interest rate of 18% per annum, and due date of payment on August 31, 1993.
On June 28, 2013, the Seocheon-gun Fisheries Cooperatives transferred the claim for the above loan (the balance 5,000,000 won at the time) to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims by the said cooperative, and notified the Defendant on June 23, 2014, when the instant lawsuit was pending in the first instance trial.
As of June 2, 2014, the Defendant’s above obligation remains in total of KRW 14,530,272 as the principal and KRW 5,000,000, interest or delay damages, and KRW 9,530,272. The Plaintiff applies the rate of delay damages by 17% per annum pursuant to Article 11 of the Regulations on the Management of Entrusted Bonds to Credit Counseling and Recovery Fund within the scope of the initial agreed delay damages rate between the Defendant and the financial institution transferring the above obligation.
[Ground of recognition] Evidence Nos. 1, 5, 6, and Evidence Nos. 3-2, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff the sum total of KRW 14,530,272 and delay damages for the principal amount of KRW 5,00,000 among them.
B. The Plaintiff is also seeking payment of the principal and interest of the Defendant who acquired the entire credit from the National Federation of Fisheries Cooperatives (hereinafter “NFFFC”) through the FFFF Savings Bank (hereinafter “FFFC”) in total of KRW 5,506,739, interest of KRW 3,364,994, and damages for delay against the principal.
In full view of each of the statements in Gap evidence Nos. 1, 2 and 4, and evidence No. 3-1, the defendant borrowed from the National Federation of Fisheries Cooperatives on April 30, 1991 the interest rate of 12.5% per annum, the interest rate of 19% per annum, the due date for repayment, April 30, 1992, and the loans borrowed on two general credit loans (based on principal amount of KRW 5,511,009 and KRW 4,506,02) around May 14, 2004.