logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.08 2016가단511363
양수금
Text

1. As to KRW 625,935,308 and KRW 178,240,336 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 5, 2016 to April 25, 2016.

Reasons

1. Basic facts

A. On April 23, 2004, Samdo Agricultural Cooperative Co., Ltd (hereinafter “Seoul AFF”) extended loans to the Defendant, a quasi-member, at KRW 380,000,000, due date for payment, at the interest rate of April 23, 2007, at the rate of 6.5% per annum, and at 19.69% per annum.

B. Samdo Agricultural Co., Ltd. received dividends of KRW 177,663,814 out of the principal and interest of the loan in the voluntary auction procedure (Seoul Northern District Court C) for the land and buildings owned by the Defendant on June 14, 2006.

C. Samdo Agricultural Co., Ltd transferred the instant loan claim to the Plaintiff on July 30, 2015, and notified the Defendant of the assignment of the claim on August 27, 2015.

Meanwhile, on April 4, 2016, the Plaintiff’s remaining amount of the principal and interest of a loan as of April 4, 2016 reaches KRW 625,935,308 [The amount of the principal and interest of a loan = KRW 178,240,336 in interest of KRW 447,694,972 in interest of KRW 423,656,94 in interest prior to the inclusion of the amount of depreciation claim (=interest of KRW 24,038,028 in interest prior to the incorporation of the amount

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6 and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 19.69% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from April 5, 2016 until April 25, 2016, the delivery date of the original copy of the instant payment order, and 178,240,336 won, total of the principal and interest of the loan remaining to the Plaintiff, barring special circumstances.

3. The defendant's defense is defense that the statute of limitations has expired since the defendant's claim for the loan of this case was a commercial claim with the lapse of the five-year statute of limitations.

First of all, this case's loan claims are commercial claims, and the purpose of the business operated by the agricultural cooperatives established under the Agricultural Cooperatives Act is to provide the maximum services that are not discriminated against on behalf of the union members and not to make profits (the former Agricultural Cooperatives Act (Act No. 7088, Oct. 22, 2004).

arrow