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(영문) 서울중앙지방법원 2018.09.05 2017가단99382
양수금등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from August 2, 2017 to KRW 94,769,135 and KRW 13,346,519 among them.

Reasons

Basic Facts

On July 6, 2010, the National Agricultural Cooperative Federation (the part of banking business was divided and the NongHyup Bank was established; hereinafter, the National Agricultural Cooperatives Federation and the NongHyup Bank Co., Ltd. after division referred to as the "NongHyup Bank") loaned KRW 120,000 to Defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd.") at the maturity of payment on July 6, 201 and at the rate of 18% per annum. Defendant B guaranteed the Defendant Co., Ltd’s debt to the extent of KRW 144,00,000.

(hereinafter “instant KRW 120,00,000 loan”). On August 16, 2011, the Nonghyup Bank loaned KRW 50,000,00 to the Defendant Company at the rate of 15% per annum on August 16, 2013, and Defendant B guaranteed the Defendant Company’s obligation to the extent of KRW 60,000,000.

(1) The term “the instant loans” refers to KRW 50,00,000, and the two loans are combined to mean “each of the instant loans.” The Defendants lost the benefit of time by delaying repayment of the principal and interest of each of the instant loans. As of August 1, 2017, the principal and interest of KRW 120,892,423 as of August 1, 2017 are KRW 20,892, and the principal and interest of KRW 13,346,519 among them are KRW 13,346,519. Of them, the principal and interest of KRW 50,00,000 are KRW 73,876,712, and the principal and interest of KRW 50,000 are KRW 50,000.

On December 26, 2013, the Nonghyup Bank transferred claims based on each of the instant loans to the Plaintiff, and notified the Defendant Company thereof.

[Grounds] No dispute exists. According to the above facts, Gap evidence Nos. 1 through 8, and the obligation to determine loan repayment as to the cause of claim as to the purport of the entire pleadings, the defendant company shall pay to the plaintiff the total amount of 94,769,135 won of the loan of this case and 120,346,519 won of the principal of the loan of this case from August 2, 2017 to the date of full payment. The damages for delay calculated at the rate of 18% per annum from August 2, 2017 to the date of full payment. The damages for delay shall be 50,000,000 won of the principal of the loan of this case as 50,000 won of the principal of the loan of this case from August 2, 2017 to the date of full payment.

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