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(영문) 대전지방법원 2019.02.20 2018가합104607
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Under the underlying facts, C organization concluded a credit transaction agreement with the Defendant (hereinafter “each of the instant loan agreements”) and lent the following monetary amounts, and D, E, as a guarantee limit, provided that KRW 20,000,000 for the Defendant’s obligation under the following Table 1 agreement is KRW 550,000,000 for the Defendant’s obligation under the following Table 2 as a guarantee limit.

On June 21, 2006, 180, 2000, 8.35% per annum 19% per annum on June 21, 2007, 2007, 6.25% per annum on June 25, 2007, 9.85% per annum on June 25, 2008, which states that interest rate per the date of loan repayment (cost) due to the date of loan repayment applies under each of the instant loan agreements, however, the Defendant lost the benefit of time under each of the instant loan agreements on March 6, 2008, pursuant to Article 7 of the Framework Agreement on Credit Transactions by FF Cooperatives, which states that the Defendant shall apply under each of the instant loan agreements.

On March 10, 2008, the C organization filed an application with the Defendant, E, and D for the payment order of the principal and interest of each of the instant loan agreements with the Gwangju District Court Decision 2008Da589, Mar. 10, 2008. The above court jointly and severally ordered C organization to pay KRW 200,16,686, and KRW 180,000,000 per annum from March 7, 2008 to the final original delivery date of the payment order, with KRW 17.35% per annum from March 7, 2008 to the final delivery date of the original payment order, KRW 420,90,000 per annum from March 7, 2008 to the final delivery date of the original payment order, KRW 18.85% per annum from the next day to the date of the completion date of the payment order, and KRW 290,000 per annum29,294,208."

[Ground of recognition] The Plaintiff’s assertion of the purport of the Plaintiff’s assertion by the parties in the entirety of the statements and arguments in Gap’s evidence Nos. 1, 3, and 12 was received from C organization on August 29, 2012 from the Defendant’s claim for loans under each of the instant loan agreements against the Defendant (hereinafter “instant loan”). Around that time, the Plaintiff was notified of the transfer to the Defendant.

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