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(영문) 서울중앙지방법원 2016.11.16 2016가단5230402
구상금
Text

1. The Defendant’s KRW 48,013,640 among the Plaintiff and KRW 39,60,000 among them, shall be 12% per annum from January 1, 2016 to September 5, 2016.

Reasons

1. According to each of the statements in Gap evidence Nos. 1 and 5 as to the cause of the claim, the facts as shown in the annexed sheet are recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of principal and interest KRW 48,013,640 and the amount of principal and KRW 39,600,000,000, based on an annual agreement rate of 12% from January 1, 2016 to September 5, 2016, the delivery date of the complaint in this case, and damages for delay at the rate of 15% per annum from the following day to the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that it is improper to seek the payment of the remainder of the principal and interest, excluding the amount repaid through the exercise of security right to loans to non-ASEAN agricultural cooperatives.

B. However, the defendant is obligated to pay the full amount of principal and interest as the principal debtor, and the defendant's obligation is reduced to the extent that the security right is exercised.

Therefore, the defendant's argument is without merit.

3. Full acceptance of the Plaintiff’s claim

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