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(영문) 광주지방법원순천지원 2016.04.21 2015가단79199
양수금
Text

1. As to KRW 112,717,085 and KRW 29,038,880 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 112,717,085 from October 22, 2015 to November 6, 2015.

Reasons

1. Facts of recognition;

A. The National Agricultural Cooperative Federation extended a loan to B on December 4, 1998 at the rate of 14.5% per annum, 14.5% per annum, and 21% per annum, to the National Agricultural Cooperative Federation on December 4, 1998. The Defendant jointly and severally guaranteed the above loan obligations to B to the Agricultural Cooperative Federation.

B. The National Agricultural Cooperative Federation received a judgment on September 22, 2006 against B and the defendant that "the defendants jointly and severally pay to the plaintiff 61,868,686 won and 30,000,000 won with 18% interest per annum from December 13, 2005 to the date of full payment." The above judgment became final and conclusive on October 25, 2006.

C. The National Agricultural Cooperative Federation transferred the above loans to the Plaintiff on September 7, 2007, and notified this to B.

On October 21, 2015, the principal of the outstanding loan is 29,038,880 won, and interest and delay damages are 83,678,205 won in total.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as a joint and several surety for the foregoing loan obligation, is obligated to pay the Plaintiff damages for delay from October 22, 2015 to KRW 112,717,085 (=29,038,880 won) and the principal of the loan (29,038,678,205 won) and the principal of the loan from October 22, 2015.

3. Conclusion, the plaintiff's claim of this case is justified.

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