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(영문) 대구지방법원 2015.12.08 2015가단120267
양수금
Text

1. As to KRW 108,629,115 and KRW 25,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 108,629,115. From July 28, 2015 to August 13, 2015.

Reasons

1. According to Gap evidence Nos. 2 through 4 of the judgment as to the plaintiff's claim, the National Agricultural Cooperative Federation (the "CF") established a loan transaction agreement with the defendant on April 17, 1995 as of April 17, 199 to lend KRW 30,00,000 after signing the loan transaction agreement with the defendant on April 17, 199. As of July 27, 2015, the defendant did not pay KRW 73,775,418,75,418, including the principal and interest of the above debt amount of KRW 25,000,000 and KRW 73,775,775,418, and the defendant applied for the credit card issuance to the NAF and used the credit card issuance with the credit card issuance as of July 27, 2015, and notified the defendant of the above fact to the NACF's 30,003,79,797.397.

If so, the defendant is obligated to pay to the plaintiff 108,629,115 won (98,75,418 won) and 25,000,00 won among them, 10% per annum from July 28, 2015 to August 13, 2015, which is the delivery date of a copy of the complaint, and 20% per annum from the following day to September 30, 2015 under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 20% per annum from September 1, 2015, 15 to the day of full payment, 23% per annum from July 28, 2015 to the day of full payment.

2. The defendant's assertion asserts that the defendant partially repaid his/her obligation and the obligation was extinguished due to the completion of the extinctive prescription.

However, according to the evidence evidence Nos. 2 and 4, the Plaintiff filed a claim for the principal and interest calculated as of July 27, 2015, which had already been filed by the Defendant in consideration of the Defendant’s repayment, and recognized that the Defendant partially repaid the obligation after July 27, 2015.

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