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(영문) 서울중앙지방법원 2014.08.14 2013가단222306
양수금 등
Text

1. The defendant shall pay to the plaintiff KRW 39,172,139 and KRW 35,168,430 among them, per annum from May 8, 2013 to the day of full payment.

Reasons

1. Facts of premise;

A. B obtained a loan from the National Agricultural Cooperative Federation (hereinafter “CF”) and followed the loan from the National Agricultural Cooperative Federation (hereinafter “CF”), on July 26, 2002, the AFF gave the registration of the establishment of a neighboring mortgage (hereinafter “the instant mortgage”).

B. On July 26, 2002, the debtor of the above collateral security was changed to C, and the defendant entered into an agreement to assume the obligation of the defendant with the obligation of 99,800,000 won (the agreed delay rate shall be 17.1% per annum; hereinafter referred to as the "the loan of this case") of the above collateral security obligation with Nonghyup and C on July 26, 2002.

C. On December 29, 2011, agricultural cooperatives entered into an asset transfer contract with the Plaintiff and completed the notification of the transfer of the above loan to the Defendant, after the Defendant delayed the repayment of the above loan, the said loan was transferred to the Plaintiff.

On September 6, 2012, the Plaintiff received dividends of KRW 92,282,509 at the above auction procedure, and the refund amount to the Plaintiff was KRW 2,559,530,00. At the time, the remainder of the principal of the instant loan was KRW 99,80,000, interest amount was KRW 27,34,109, interest amount was unpaid, and interest amount was KRW 2,86,360.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 6-8, 10 evidence (including more than one number), Eul evidence, and the purport of the whole pleadings

2. Determination

A. According to the premise of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, who is the transferee of the claim of this case, the balance after appropriation of the Plaintiff’s dividends and refunds. As such, the Defendant is obligated to pay the Plaintiff the total amount of KRW 94,842,039 ( KRW 92,282,50 + KRW 2,559,530) as of September 6, 2012, which is the date of dividend payment, to pay the unpaid interest as of September 6, 2012, KRW 35,168,430 [the principal amount of KRW 27,34,109 + interest payment + KRW 2,86,360 + principal amount of KRW 99,80,00-94,842,039 + damages for delay from September 7, 2012] and the principal amount of KRW 35,168,430.

Therefore, it is true.

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