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(영문) 서울동부지방법원 2017.06.23 2016가단126723
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 and 3, the National Agricultural Cooperative Federation (hereinafter "CF") granted a loan of KRW 180,00,000 (hereinafter "the loan of this case") to the defendant on May 6, 200 at an annual interest rate of KRW 9.75%, interest rate of KRW 17% per annum, interest rate of KRW 17% per annum, and the loan period of May 6, 2001. The NAF transferred the loan of this case to the defendant on Nov. 14, 200, and notified the defendant of the above transfer of the loan of the principal and interest rate of KRW 33,53,785, and interest interest rate of the loan of this case to the defendant on July 29, 2003; the NAFF on Nov. 14, 2000; the NAF transferred the loan of this case to the defendant on May 31, 2005, 3816.

According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 17% per annum under the agreement and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 19, 2016 until the date following the above settlement date to the date when the defendant claims the existence and scope of the defendant's obligation to pay damages for delay calculated at the rate of 34,543,633 won and the principal amount of 83,353,785 won among the loans of this case that the plaintiff acquired by the plaintiff, except in extenuating circumstances.

2. As to the Defendant’s defense, the Defendant asserted to the effect that the claim for the instant loan was extinguished after the lapse of the ten-year extinctive prescription period, and the fact that the repayment period of the instant loan was on May 6, 2001 is as seen earlier, and the Plaintiff received an application for the payment order seeking the payment of the instant loan that was transferred to the court on May 19, 2016, which was ten years after the lapse of the ten-year period from the Plaintiff.

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