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1. The Defendant shall pay to the Plaintiff KRW 80,000,000 and the interest rate of KRW 18% per annum from December 28, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On February 13, 1999, the National Agricultural Cooperative Federation (hereinafter “CF”) set forth and lent KRW 350,000,000 to the Defendant at the interest rate of 12.25% per annum, 18% per annum, and 13 February 13, 200.
B. On October 1, 2002, the National Agricultural Cooperative Federation filed a lawsuit against the Defendant for a loan claim with the Daejeon District Court Decision 2002Kadan4295, and the Defendant repaid KRW 30,000,000 to the National Agricultural Cooperative around April 24, 2003, the National Agricultural Cooperative Federation withdrawn the said lawsuit on April 24, 2003, and appropriated KRW 1,746,044 out of the said KRW 30,000,00, and the remainder of KRW 28,253,956 for the principal of the loan obligation of this case.
Although evidence No. 6 states that the Plaintiff received KRW 30,00,000 from the Defendant on September 29, 2003, considering the time when the lawsuit was withdrawn in Daejeon District Court 2002Gadan44295, and the time when the claim was transferred, the Defendant appears to have paid KRW 30,00,000 to the Nonghyup Federation around April 2003, as alleged by the Defendant.
C. The National Agricultural Cooperatives Federation transferred the instant loan claims to a limited company specialized in the third securitization of the Agricultural Cooperatives Federation. On July 24, 2003, the third securitization company specialized in the Agricultural Cooperatives Federation transferred its claims to the Plaintiff and notified the Defendant of the fact on July 29, 2003.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 6, Eul evidence 10, the purport of the whole pleadings
2. According to the facts of the above determination as to the cause of claim, the Defendant claimed to the Plaintiff the amount of KRW 321,746,044 (= KRW 350,00,000 - KRW 28,253,956) of the principal amount of the instant loan obligation as of December 27, 2016, the Plaintiff claimed that the instant loan claim as of December 27, 2016 was KRW 998,039,758, including the principal amount, KRW 1,319,785,80,00 among these amounts, and damages for delay from December 28, 2016 to the date of full payment.
The principal amounting to KRW 80,000,000 and this amount shall be from December 28, 2016 to the date of full payment.