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1. As to the Plaintiff’s KRW 63,171,078 and its KRW 21,165,710 among them, the Defendant shall start from November 24, 2015 to December 24, 2015.
Reasons
1. Facts of recognition;
A. On June 22, 2000, the National Agricultural Cooperative Federation concluded a loan transaction agreement with the Defendant as of June 22, 2005, which set forth 20,000 won as the due date.
The lending limit is agreed in advance with an automatic passbook loan, and according to the automatic loan transaction agreement as a loan that can be borrowed and repaid from time to time during the transaction period, the interest or damages for delay can be added to the principal of the loan.
B. The Defendant failed to repay the above loans within the agreed period. On March 25, 2011, the Plaintiff acquired the principal and interest of the loan from the Korea Agricultural Cooperative Federation to the Defendant. On April 27, 2011, the Defendant sent a notice of assignment of the credit to the Defendant to the Defendant.
As of November 23, 2011, the Defendant’s obligation remains in total of 63,171,078 won, including the principal amount of KRW 21,165,710 and interest of KRW 42,005,368 (the interest interest of the contract).
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings
2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiff 63,171,078 won and 21,165,710 won among them, with 19% interest per annum from November 24, 2015, which is the day following the last settlement date to December 10, 2015, the delivery date of a copy of the complaint in this case, and 15% interest per annum from the next day to the day of complete payment.
Although the Defendant asserts that the statute of limitations for the above loans has expired, in full view of the overall purport of the arguments in the evidence Nos. 5 and 6, it is evident in the record that the National Agricultural Cooperative Federation filed a lawsuit against the Defendant for the payment of the above loans against the Defendant at the Suwon District Court, Suwon District Court, and received a payment order as of January 6, 2006 and received the payment order as of January 21, 2006. The instant lawsuit was filed on November 25, 2015, prior to the expiration of 10 years thereafter. Thus, it cannot be deemed that the statute of limitations for the instant loans expired.