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(영문) 서울중앙지방법원 2017.06.13 2016가합36602
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 722,181,669 as well as KRW 395,865,150 as to the Plaintiff from October 21, 2016 to the day of full payment.

Reasons

1. On May 24, 2006, 16.7% per annum on May 24, 2008, 16.7% per annum on July 10, 2002, 510,600,000 won per annum on July 12, 2004, in the case of an agreement on the date when the loan was completed for the loan of 1 household ordinary loan from the date when the loan was completed.

A. The National Agricultural Cooperative Federation loaned a total of KRW 510,600,000 to the Defendant with the following descriptions:

(hereinafter referred to as “the instant loan” in accordance with the sequence below, and hereinafter referred to as “each of the instant loans”) b.

On August 19, 2010, the National Agricultural Cooperative Federation entered into an agreement on the transfer and acquisition of assets with the Joint Asset Management Co., Ltd. and the Plaintiff on September 16, 2010, respectively, in accordance with the Asset-Backed Securitization Act.

Accordingly, the Plaintiff acquired assets, including each of the instant loans, from the National Agricultural Cooperative Federation to the Defendant by transfer all the rights, obligations, and status under the contract. Around that time, the Plaintiff satisfied the requirements for setting up against the assignment of claims under the Asset-Backed Securitization

C. The principal amount of the remaining debt as of October 20, 2016 is KRW 719,238,895 with respect to the first loan of this case (= Principal KRW 395,865,150, KRW 323,373,745) and KRW 2,942,774 with respect to the second loan of this case (= Principal KRW 1,564,67, KRW 1,378,107).

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, and 7 evidence (including each number), the whole purport of pleading

2. Determination

A. According to the facts of the determination as to the cause of claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the overdue interest rate of KRW 722,181,669 and KRW 395,865,150 of the remaining principal of the loan No. 1 of this case from October 21, 2016, which is the date following the last interest calculation date, for the overdue interest rate of KRW 16.7% from October 21, 2016, and for KRW 1,564,67 of the remaining principal of the loan No. 2 of this case from October 21, 2016, which is the date following the last interest calculation date.

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