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(영문) 인천지방법원 2016.08.12 2016가합54311
양수금
Text

1. The Defendant’s KRW 1,548,193,010 and KRW 873,015,749, out of the aforementioned money, shall be the Plaintiff from April 11, 2016 to May 2, 2016.

Reasons

1. Determination as to the cause of claim

A. In light of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 4, Gyeyang Agricultural Cooperatives: (a) the interest rate of KRW 300,000 to B on December 30, 2013 is the fluctuation rate under Article 3 (2) 2 of the Framework Agreement on Credit Transactions (based interest rate); (b) the due date for repayment is the fixed rate of December 30, 2016; (c) the defendant assumes the obligation of the above loans No. B on July 23, 2014; (d) the defendant assumes the obligation of the principal and interest on the loans No. 150,000,000,000 to B on December 30, 2013; (e) the loan and interest rate of KRW 303,00,000; (e) the loan and interest rate of KRW 15,000,000,000 to the defendant on July 23, 2014; and (e) the loan and interest rate of KRW 175,016.

each of the above sections.

B. According to the above facts, the Defendant, the assignee of the above loan obligation, is obligated to pay to the Plaintiff, the assignee of the above loan obligation, a delay compensation amounting to 1,548,193,010 won, totaling the principal and interest of the loan as of April 10, 2016, and to 873,015,749 won from April 11, 2016, which is the day following the day when the principal and interest is calculated on which the original copy of the instant payment order was served until May 2, 2016, calculated at the rate of 15.85% per annum, which is the interest rate for delay damages, and at the rate of 15% per annum as requested by the Plaintiff from the next day until the day when the payment is fully made.

2. Conclusion, the plaintiff's claim of this case.

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