1. The defendant shall pay to the plaintiff KRW 1,210,865,164 and KRW 460,079,334 among them, from March 15, 2016 to the date of full payment.

Facts of recognition

On April 3, 2006, the Defendant borrowed 690 million won from the High Livestock Cooperatives at the rate of 15.07% per annum on April 3, 2009, and the agreed delay damages rate of 15.07% per annum. On February 26, 2013, the High Livestock Cooperatives calculated the Defendant’s remaining loan claims against the Defendant as principal amounting to 460,079,334, interest amounting to 400,687,988, expense amounting to 190,417, and transferred it to the Plaintiff pursuant to Article 30 of the Act on the Structural Improvement of Agricultural Cooperatives, and notified the Defendant of the fact that the Defendant transferred it to the Defendant.

If the remaining amount of claims is calculated based on March 14, 2016, taking into account the amount of claims transferred to the Plaintiff, the principal shall be KRW 460,079,334; damages for delay shall be KRW 748,87,413; expenses shall be KRW 1,908,417.

[Ground of recognition] According to the above facts of recognition as to Gap's evidence Nos. 1 through 6 and the ground for a claim as a whole, the defendant is obligated to pay to the plaintiff a total of KRW 1,210,865,164 (i.e., principal of KRW 460,079,334, KRW 7488,877,413, KRW 1,908,417) and the principal of KRW 460,079,334 within the scope of the agreed delay damages rate of KRW 15% per annum for the plaintiff from March 15, 2016 to the date of full payment.

The defendant's assertion on the defense of repayment was that the Highyang Livestock Cooperatives loaned KRW 690 million to the defendant and set up a collateral on the real estate owned by the defendant, and received KRW 1,735,395,690 as the dividend in the voluntary auction procedure on the above real estate.

Therefore, the Defendant’s obligation to the high-sea livestock cooperatives was extinguished by the repayment of all debts before the assignment contract between the Plaintiff and the high-sea livestock cooperatives was concluded.

Judgment

In addition to the defendant, the defendant's husband B borrowed a total of KRW 1.19 million from the high-sea livestock cooperatives, and the high-sea livestock cooperatives set up a collateral on the real estate owned by the defendant as collateral for the claims for loans to the defendant and B, and thereafter, the above real estate.