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(영문) 대전지방법원 2020.11.04 2020가단118787
양수금
Text

1. The defendant shall pay to the plaintiff 121,435,197 won and 30,621,044 won among them. From April 29, 2020 to May 24, 2020.

Reasons

1. Facts of recognition;

A. C. On February 8, 2012, a cooperative (hereinafter “Nonindicted Cooperative”) entered into a loan transaction agreement with the Defendant on a repayment date of KRW 160,000,000,000, with the agreed interest rate of KRW 6.8% per annum, and 17.8% per annum per overdue interest rate, and lent the Defendant the above KRW 160,00,000 to the Defendant.

B. The non-party union filed an application for the auction of real estate rent with Suwon District Court at the rate of 17.8% per annum from September 3, 2012 to February 8, 2013, with interest unpaid at the rate of 6.8% per annum from September 3, 2012, with interest unpaid at the rate of 4,739,506 won, February 9, 2013 to May 1, 2013, with interest unpaid at the rate of 17.8% per annum from February 9, 2013, and interest at the rate of 17.8% per annum from May 2, 2013 to the day of full payment. The non-party union received dividends from the non-party union at the rate of 17.8% per annum from May 2, 2013 to the day of full payment. The non-party union received dividends from the auction procedure commenced at the non-party union’s request.

C. The Plaintiff preferentially appropriated the said dividends to the provisional payment and the leased principal as shown in the attached Form. D.

On September 10, 2015, the non-party union transferred its claim amounting to KRW 30,621,044, interest amounting to KRW 70,431,948, to the Plaintiff pursuant to Article 30 of the Act on the Structural Improvement of the Association, and notified the Defendant thereof.

E. From April 30, 2018, the rate of damages for delay changed from 17.8% per annum to 9.8% per annum.

F. The loan principal as of April 28, 2020 is KRW 30,621,04, interest amounting to KRW 90,814,153 (=interest amounting to KRW 70,431,948 from September 10, 2015 to April 29, 2018; interest amounting to KRW 14,380,481 at an interest rate of KRW 17.8% per annum from September 10, 2015 to April 29, 2018; interest amounting to KRW 6,01,724) at an interest rate of KRW 9.8% per annum from April 30, 2018 to April 28, 2020.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the defendant shall calculate the loan principal of KRW 121,435,197 to the plaintiff (=the loan principal of KRW 30,621,04, KRW 90,814,153) and the loan principal of KRW 30,621,04 among them.

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