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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The court's explanation on this part of the facts of recognition is based on the reasoning of the judgment of the court of first instance No. 1-B.
Paragraph (1) except that "the plaintiff acquired the claim for the loan of this case from the Central Agricultural Cooperative on September 30, 2008, in KRW 70,000,00, and on the same day, the registration of the right to collateral security in this case was completed with respect to the registration of the right to collateral security in this case as stated in the reasoning of the judgment of the first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act as it is."
2. The plaintiff's assertion and judgment
A. On September 30, 2008, the Plaintiff asserted that KRW 311,282,296, the entire claim for the instant loan from the Central Agricultural Cooperative, was transferred to D on January 16, 2009 only KRW 280,000,000, out of the instant claim.
Therefore, the Defendant is obligated to pay 37,438,507 won (=311,282,296 won - 280,000,000 won) remaining in the Plaintiff and delay damages for 110,527,157 won (=10,527,157 won x 0.19 x 0.19 x 365 days) plus 37,438,507 won and delay damages for 31,282,296 won from October 1, 2008 to January 16, 2009.
B. In full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 2, 4, and Eul evidence Nos. 1, 4, and 5 as of September 30, 2008, the Central Agricultural Cooperative transferred the claims of KRW 280,000,000, the maximum debt amount of the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claims of this case to the plaintiff on September 30, 2008 (= Principal KRW 110,527,157, KRW 200,755,139), among the claims for the loans of this case as of September 30, 200, KRW 70,000,000, KRW 69,940,940,000 received from the plaintiff, and then appropriated the remainder of the principal and interest, KRW 324,296,297,157,705