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(영문) 부산지방법원 동부지원 2018.12.19 2018가단216461
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 16, 2001, 1) Jeonan Agricultural Co., Ltd. entered into a mutual aid loan transaction agreement with the Defendant on the loan principal of KRW 20 million per annum, interest rate of KRW 11.8% per annum, interest rate of KRW 17% per annum, and loan period of June 16, 2004 (36 months) with the Defendant on June 20, 2001. 2) Jeonan Agricultural Co., Ltd. entered into a mutual aid loan transaction agreement with the Defendant on June 20, 201 with the loan principal of KRW 20 million per annum, interest rate of KRW 1.8% per annum, interest rate of KRW 17% per annum, and period of loan period of June 20, 2004 (36 months).

(hereinafter) Each mutual-aid loan transaction agreement is “the instant loan agreement,” and accordingly, the relevant loan claims are “each of the instant loans”). (b)

1) On June 28, 2013, the National Diplomatic Fund Co., Ltd. (hereinafter referred to as the “National Dental Fund”) shall be the acquisition of each of the loans in this case.

(2) On September 17, 2018, a notice of assignment of claims (No. 4-2) issued on behalf of the transferor was served on the Defendant on September 27, 2018. (2) The National Dental Fund transferred each of the instant loans to the Plaintiff on January 26, 2018, and the Plaintiff sent the notice of assignment of claims to the Defendant on behalf of the transferor by content-certified mail on April 19, 2018.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), records obvious fact, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the principal of the loan claim of this case and damages for delay to the plaintiff, unless there are special circumstances.

B. 1) As to the assertion that the loan agreement of this case is null and void as a false conspiracy, the Defendant recognized the fact that the agreement of this case was signed directly on the date of the first pleading of this case, but the circumstance leading up to the conclusion of the loan agreement of this case.

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