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(영문) 대전지방법원 2017.02.07 2016가단206670
양수금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 15% per annum from February 5, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On September 16, 2004, the Agricultural Cooperatives Federation concluded a credit transaction agreement with the Defendant to pay interest on the loans for general loans for credit subjects, the amount of loans of KRW 1.9 billion, the amount of loans of KRW 1.9 billion on September 16, 2009 on September 16, 2009 on the expiration date of the credit period, the interest rate change, the maximum damages rate of KRW 15% on the extension date, and the full amount at the expiration date of the credit period, and then lend KRW 1.9 billion to the Defendant after concluding a credit transaction agreement with the payment date set

(hereinafter “instant loan”). However, the Defendant lost the benefit of time by failing to repay interest on the date of payment of interest on the instant loan.

B. The Nonghyup Federation filed an application for a voluntary auction of real estate properties owned by the Defendant (Seoul District Court Branch B and C) with respect to real estate properties owned by the Defendant, and received dividends of KRW 1,618,887,462 on February 18, 201 in the said auction case.

C. On December 23, 2008, the National Agricultural Cooperative Federation transferred the instant loan claims against the Defendant to the NAN AFS specialized in the NAFFF (hereinafter “CF”) (hereinafter “the first assignment of claims”), and the NAFFP special purpose company assigned the instant loan claims to the Plaintiff on December 23, 201 (hereinafter “the second assignment of claims”).

Dividends in the auction case on real estate owned by the Defendant were appropriated for the repayment of some of the principal amount of the instant loan and expenses, and the principal amount of KRW 281,00,538 as of February 18, 201 and interest or delay damages have not been repaid.

[Basis] Evidence Nos. 1, 2, A4, A5-1, 2, A7, 18-1, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above basic facts, the Plaintiff may claim the acquisition amount to the Defendant as the transferee of the instant loan claim.

B. Whether the notice of transfer is given or not, the defendant does not have been notified of the assignment of claims, and the notice of the first assignment of claims is the second assignment of claims.

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