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(영문) 서울중앙지방법원 2015.12.09 2015가합538262
양수금
Text

1. The Plaintiff:

A. The Defendant A religious organizationB shall have jurisdiction over KRW 2,453,391,259 and KRW 1,340,988,087 among its members.

Reasons

1. Basic facts

A. On November 3, 2011, Defendant A religious organizationB church (hereinafter “Defendant church”) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the National Federation of National Federation of Fisheries Cooperatives (hereinafter “NFFC”) with the credit limit of KRW 4.8 billion, the credit period from November 7, 2011 to November 7, 2014, the interest rate of KRW 5.33% per annum, and the overdue interest rate of KRW 15.32% per annum, and received a loan from NFFC to KRW 4.8 billion.

B. Defendant C has jointly and severally guaranteed all the obligations under the instant credit transaction agreement with NFFC within the limit of KRW 6.24 billion on November 3, 2011, within the limit of KRW 20 million on the same day for Defendant E, and KRW 20 million on December 4, 2011 for Defendant D to the extent of KRW 20 million on or around December 4, 2011.

C. Around November 2013, Defendant church lost the benefit of time due to the delay in the payment of interest during the loan. Before December 30, 2013, NFC transferred each of the above claims against the Defendants to the Plaintiff, it notified the Defendant church, the primary debtor, of the fact of transferring its claim on January 8, 2014.

The balance of the principal and interest of a defendant church calculated as of May 21, 2015 is the principal of KRW 1,340,98,087, interest and overdue interest of KRW 1,112,403,172, total of KRW 2,453,391,259.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Plaintiff, the assignee of the credit loans under the instant credit transaction agreement, and the Defendant church, as to the sum of the principal and interest of KRW 2,453,39,39, and the principal of KRW 1,340,98,087 among them, 15.32% per annum with overdue interest rate from May 22, 2015 to July 7, 2015, the delivery date of the duplicate of the instant complaint, from the following day to September 30, 2015, and Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. until September 30, 2015.

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