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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 8,759,553 and 5,00 among them.
Reasons
1. In the first instance trial, the Plaintiff sought the payment of the acquisition amount as to the Defendant’s respective loans granted by the Agricultural Cooperative Co., Ltd. (hereinafter “Seoul AFFFF”) and the 1st executive branch of the Korea Community Credit Cooperatives Co., Ltd. to the Defendant. The first instance court accepted the claims received from the 1st executive branch of the Korea Community Credit Cooperatives and the 1st executive branch of the 1st executive branch of the 1st executive branch of the 1st executive branch, and dismissed
Since only the plaintiff appealed against this, the subject of the judgment of this Court is limited to the claim that was taken over from the above North Korean Agricultural Cooperative.
2. Indication of claim; and
A. On October 5, 1999, the Agricultural Cooperative of North Korea set the payment period of KRW 5 million to the Defendant at the rate of KRW 12% per annum on October 5, 2002 and KRW 18% per annum.
B. On June 28, 2013, the Agricultural Cooperative transferred KRW 5 million and KRW 188,140 to the Plaintiff, as of May 31, 2013, the principal of the loans against the Defendant as of May 31, 2013, and KRW 188,140. The Plaintiff, upon delegation of the authority to notify the Defendant, sent to the Defendant a certification of the content containing the contents of the above assignment of claims on June 23, 2014, and thereafter, the said certification reaches the Defendant.
C. As of January 8, 2014, the date when the Plaintiff’s assets are determined, the Plaintiff’s claim against the Defendant is KRW 8,759,553 (principal KRW 5,00,000, interest and delay damages totaling KRW 3,759,553). The Plaintiff’s claim against the Defendant is KRW 17% per annum within the scope of the initial agreed delay damages rate.
3. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
4. As such, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the part against the plaintiff in the judgment of the court of first instance is unfair on the ground of its conclusion, it is revoked and it is so decided as per Disposition by the court below to order the defendant to pay the above money additionally.