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(영문) 대전지방법원 2016.02.26 2015가단224350
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 62,440,395 as well as KRW 21,141,444 among them, from August 18, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 23, 1997, the National Agricultural Cooperative Federation concluded a loan transaction agreement with Seocho Development Co., Ltd. and lent KRW 20,000,000 to the above company. The defendant set the limit of the same day's collateral guarantee amount to KRW 26,00,000, and the defendant guaranteed the obligation of loans to the National Agricultural Cooperative Federation of Seocho Development Co., Ltd.

B. The National Agricultural Cooperative Federation filed a lawsuit against the defendant as the Gwangju District Court 2005Kadan44058, and the above court rendered a judgment on September 15, 2005 that "the defendant shall pay to the National Agricultural Cooperative Federation 21,583,935 won and 21,054,54 won among them, 17.35% per annum from June 28, 2005 to September 6, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

C. On March 31, 2010, the National Agricultural Cooperative Federation transferred the above loan claims against the Defendant to the Plaintiff, and notified the Defendant of the transfer of claims.

As of August 17, 2015, the principal and interest of the Defendant’s debt owed to the Plaintiff is KRW 62,440,395; principal is KRW 21,141,444; and the Plaintiff filed the instant lawsuit on August 24, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the money stated in Paragraph (1) of this Article to the plaintiff, and the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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