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(영문) 창원지방법원 2017.10.12 2017가단108854
양수금
Text

1. The defendant shall pay to the plaintiff KRW 295,403,584 and KRW 147,024,018 among them. From May 15, 2007 to May 21, 2007.

Reasons

1. Basic facts

A. The vibration agricultural cooperative loans the Defendant with interest rate of 8.5% per annum on September 8, 2004, interest rate of 15% per annum, and interest rate of 15% per annum on September 8, 2007 (hereinafter “the first loan”), and interest rate of 11.8% per annum on June 23, 2005, interest rate of 11.8% per annum on interest, interest rate of 15% per annum on August 23, 2005, last repayment date of 205 (hereinafter “second loan”), but the Defendant delayed the repayment date (hereinafter “the second loan”).

B. The vibration Agricultural Cooperative applied for a payment order against the Defendant for the payment of the loan, and the above payment order was served on the Defendant on May 21, 2007. The above payment order was finalized on June 5, 2007 on the ground that the Defendant did not raise an objection within the objection period.

(C) Changwon District Court Msan Branch No. 2007j2006, hereinafter referred to as the “instant payment order”).

On September 27, 2016, the Noise and Vibration Agricultural Cooperative transferred a claim based on the above payment order to the Plaintiff, and notified the Defendant of the assignment of the claim. The above notification reached the Defendant around that time.

With respect to loans, 8,514,511 won among the instant payment order bonds are partly repaid, and with respect to loans, 147,024,018 won as the principal is partially repaid, and 147,024,018 won as the principal is paid and damages for delay are paid.

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

2. The assertion and judgment

A. According to the facts established prior to the determination as to the cause of the claim, the Defendant shall pay to the Plaintiff the amount calculated by adding a total of 295,403,484 won under the instant payment order fixed to the Plaintiff (i.e., the unpaid interest amount of KRW 147,024,01 to KRW 139,865,055 won (i.e., the unpaid interest amount of KRW 139,865,055 won) and the principal amount of KRW 147,024,018 from May 15, 2007 to May 21, 2007; and damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment.

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