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(영문) 대구지방법원포항지원 2016.11.24 2016가단105617
양수금
Text

1. As to KRW 112,270,201 and KRW 21,39,73 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from August 1, 2016 to September 12, 2016.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5, the fact that the National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperative Federation") loaned KRW 30,000,000 to the defendant on Nov. 19, 1994 (hereinafter referred to as the "the loan of this case"), and the Agricultural Cooperative Federation, as the defendant lost its interest due to the above loan of this case, filed a lawsuit against the defendant for the payment of the above principal and interest of loan against the defendant in Daegu District Court Support, Daegu District Court on Apr. 21, 2006.

7. 25. The above court was sentenced by the above court to "the defendant paid 77,815,927 Won and 29,195,93 won to the National Agricultural Cooperatives Federation at the rate of 18% per annum from December 16, 2005 to the date of full payment" ( Daegu District Court racing Support 2006Gadan4352), and the same year

8. 17. The above judgment became final and conclusive, and on November 7, 2006, the Nonghyup Federation transferred the claim for the loan of this case to the Plaintiff. The Defendant notified the Defendant of the assignment of the claim at that time. The Defendant is obligated to pay damages for delay at the rate of 112,270,201, as of July 31, 2016, the principal and interest of loan of 112,270,201 (i.e., principal and interest of 21,39,733 won, interest of 90,870,468 won, etc.) as of July 31, 2016. According to the above facts, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 112,270,201, and the principal and interest of 21,399,73 won from August 1, 2016 to September 12, 2016, the original copy of the payment order of this case.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.

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