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1. As to KRW 43,505,109 and KRW 28,58,575 among the Plaintiff, the Defendant shall start from November 13, 2015 to November 23, 2015.
Reasons
1. Basic facts
A. On April 24, 2007, the National Agricultural Cooperative Federation loaned KRW 30,000,000 to the Defendant on April 24, 2013 at the rate of 18% per annum.
(hereinafter “instant loan”) b.
Of the National Agricultural Cooperative Federation, the portion of a bank was divided into Nonghyup Bank Co., Ltd. on March 2, 2012. On June 18, 2015, the Nonghyup Bank Co., Ltd. transferred the instant loan claim to the Plaintiff and notified the Defendant of the assignment of assignment, and then served the notification to the Defendant around that time
C. As of November 12, 2015, the balance of the instant loan claims is KRW 43,505,109 ( principal KRW 14,916,534, including interest, etc.).
[Ground for Recognition: Facts that there is no dispute between the parties; entries in Gap evidence 1, 2, and 3; the purport of the whole pleadings]
2. Determination
A. According to the above facts, the Defendant is obligated to repay the principal and interest of the instant loan to the Plaintiff, the transferee of the instant loan claim, except in extenuating circumstances.
B. While the Defendant asserted that the bankruptcy petition was filed by this Court No. 2015Hau242, the above bankruptcy case became final and conclusive on October 16, 2015, which became final and conclusive on October 31, 2015. If this court 2015Ma242 had been withdrawn on September 30, 2015, it is obvious that this court had been withdrawn on September 30, 2015, the Plaintiff’s claim cannot be asserted against the Plaintiff’s claim solely on the grounds of the
C. Therefore, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the amount of KRW 43,505,109 and the principal amount of KRW 28,58,575 from November 13, 2015 to November 23, 2015, the delivery date of the original copy of the instant payment order, with 18% per annum under the agreement and 15% per annum from the following day to the full payment date stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.