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1. Of the judgment of the court of first instance, the part against the defendant, which exceeds the money ordered to be paid below, shall be revoked.
Reasons
1. As to the cause of claim
A. On March 15, 1997, the National Agricultural Cooperative Federation entered into a loan transaction agreement with the Defendant, the general funds for the loan subjects, the loan limit of five million won per annum, the loan period of 12.25% per annum, and the overdue interest rate of 18% per annum. Accordingly, on March 23, 2005, lent the loan claim of this case to the Defendant (hereinafter “the loan claim of this case”) and notified the Defendant of the above transfer at that time (hereinafter “the loan claim of this case”) by transferring the loan claim of this case to the Plaintiff on March 23, 2005, there is no dispute between the parties, or can be acknowledged by adding up the entire arguments in subparagraphs A and B of Articles 1 and 2.
B. Accordingly, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total sum of the remaining principal and interest of the instant loan claims as of October 22, 2014, as claimed by the Plaintiff, and the delay damages for the principal amount of KRW 3,494,231, as claimed by the Plaintiff, among the interest and delay damages on KRW 5 million and its interest and delay damages.
2. As to the defendant's defense
A. The Plaintiff asserted that the Defendant’s claim expired all of the instant loan claims by seizing and collecting the Defendant’s property as the executive title as the original payment order on the instant loan claims.
B. In addition to the loan claim in this case, the Plaintiff asserts that “the loan amount of 5 million won, the loan period of 12.25% per annum, the interest rate of 12.25% per annum, and the overdue interest rate of 18% per annum as to the loan claim in this case, the Plaintiff borrowed 5 million won per annum.” As of October 15, 1998, the Plaintiff filed an order for payment with the Suwon District Court Ansan Branch of 98j4395 on November 4, 1998, and applied for an order for payment with the payment of 5,775,186 won as of November 4, 1998 and 5,000,000 won as of October 16, 1998 to the date of complete payment.”