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(영문) 서울중앙지방법원 2017.06.21 2016가합519671
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay the full amount of KRW 609,409,335 and KRW 320,512,459 among them.

Reasons

1. Basic facts

A. On August 16, 201, the National Federation of Fisheries Cooperatives (hereinafter “the Federation”) entered into a credit transaction agreement with Defendant A (hereinafter “the appointed party; hereinafter “Defendant”) to lend real estate mortgage loans, credit limit amount to KRW 780,00,000,00 for the credit extension date, August 18, 2014 for the expiration date of the credit extension period; the interest rate is the change determined by the Suhyup; the compensation rate for delay is the rate of 21% per annum; and the compensation rate for delay is 780,000,000 won for the loan (hereinafter “instant loan”); the Defendant (the appointed party; hereinafter “Defendant”); B; the appointed party C prepared each guarantee limit amount to KRW 1,170,00,000 for each of the same day as of the same day as the credit guarantee amount to KRW 11,00,0000,0000 for each of the joint and several surety loans each of the instant loans.

(hereinafter referred to as the “instant letter of guarantee”). B.

On December 27, 2012, the Suhyup Bank transferred the instant loan claims to the Plaintiff, and notified the Defendant church of the assignment of claims by means of content-certified mail on January 3, 2013.

C. On October 14, 2013, the Plaintiff received KRW 459,487,541 through G real estate rental auction case from the Jung-gu District Court G real estate G, and appropriated the principal of the instant loan for payment, but the remainder was not repaid.

The principal and interest of the instant case are KRW 609,409,335 [the principal and interest of the instant case = KRW 320,512,459 [the principal and interest of the loan plus KRW 320,512,459 [the principal and interest of KRW 780,00,000 - KRW 459,487,541 won] up to October 8, 2012, 35,53,125 won and interest of KRW 780,00,000 from October 9, 2012 to October 13, 2013]; interest of KRW 126,509,589 won and KRW 320,512,459 from October 14, 2013 to June 36, 2013]; interest of interest of KRW 126,50,000 from October 16, 2013];

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 and 2-1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant church, the principal debtor of the loan of this case, is the principal debtor of the loan of this case, and the principal debtor of the loan of this case is 609,409,335 won.

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