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(영문) 전주지방법원 2015.08.19 2015가단962
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. This letter agricultural cooperative (hereinafter referred to as “FFF”) extended KRW 15 million to the Defendant on July 3, 1996 at the interest rate of KRW 13% per annum on June 30, 1998, and at the interest rate of KRW 15 million per annum on August 3, 1996 (hereinafter referred to as “the second loan”) respectively.

B. In this regard, Nonghyup filed a lawsuit with the Jeonju District Court 99 Ghana47231 and was sentenced to a full winning judgment on August 16, 1999. The principal and interest of the first loan and the delayed payment damages were claimed against the Defendant, and the principal and interest of the second loan and the delayed payment damages were claimed against the Defendant, and the previous Jeju District Court 9Da59265 filed a lawsuit with the Jeonju District Court 99Da59265, and was sentenced to a full winning judgment on November 8, 199.

Each of the above judgments became final and conclusive around that time.

C. On June 28, 2013, the Plaintiff acquired the claims for the first and second loans from Nonghyup, and was delegated with the authority to notify the assignment of claims, and notified the Defendant of the assignment of claims at that time.

As of November 16, 2014, the balance and attempted interest of the loans extended to the Defendant as of November 16, 2014 are as listed below.

Serial 10,189,66215,19,545,389,207 215,00,000 17,098,341,341,098, 32,32,189,6232,62,297,8657,487,5488,548

E. The Plaintiff is a corporation established for the stabilization of the livelihood of ordinary people and the promotion of welfare through credit recovery support projects, such as the purchase of overdue debts, debt readjustment, credit guarantee and loan to financial institutions, such as banks, etc., and the rate of delay damages determined in the course of debt settlement between the Plaintiff and the Defendant is 17% per annum after the date of

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination

A. The judgment on the cause of the claim is based on the facts set forth in paragraph 1.

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