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(영문) 창원지방법원 2015.08.25 2015가단73589

양수금

Text

1. As to KRW 129,229,451 among the Plaintiff and KRW 37,912,953 among the Plaintiff, the Defendant shall be annually from January 29, 2015 to February 25, 2015.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim in Gap evidence Nos. 1 through 4, or in full view of the purport of the pleadings as to the whole, the defendant borrowed from Jinju Agricultural Cooperative as of December 24, 1997 the loan principal amounting to KRW 50 million from Jinju Agricultural Cooperative as of December 24, 1999 (which was extended to December 24, 200), interest rate rate of KRW 12.9% per annum, delay delay damages rate of KRW 17% per annum (hereinafter “the loan obligation of this case”). After Jinju Agricultural Cooperative as of December 20, 201, the defendant transferred the loan obligation of this case to the defendant to the plaintiff and notified the defendant thereof, and as of January 28, 2015, the defendant can recognize the remainder of the obligation of KRW 37,912,953,91,916,416,98 for delay damages.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 129,229,451 won (the loan principal of KRW 37,912,953 KRW 91,316,498 KRW) and damages for delay at the rate of 17,912,953 per annum as stipulated in the loan agreement from January 29, 2015 until February 25, 2015 when a copy of the complaint was served, and damages for delay at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the full payment date.

2. The defendant's assertion is alleged to have repaid all of the loans of this case, but there is no evidence to acknowledge this.

Rather, comprehensively taking account of the evidence in Gap evidence Nos. 5 and 9, the defendant's loan obligations, other than the loan obligations of this case, up to the limit of KRW 80 million from the Jinju Agricultural Cooperative around December 20, 1996, up to the limit of loan amount of KRW 1,00,000,000.

A. On December 20, 1996, in the case of a real estate auction B real estate auction in Seocho-gu Seoul District Court, Jin-gu Agricultural Cooperative first repaid the loan obligations of this case and the loan obligations of this case on December 20, 1996 with the money distributed by reporting the claim, and then partly repaid the loan obligations of this case.