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(영문) 서울중앙지방법원 2018.05.11 2018가단5013236
양수금 등
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 81,413,887 and KRW 47,412,160 from October 11, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 31, 2008, the National Agricultural Cooperative Federation loaned KRW 180 million to the Defendant, and the agreed delay damages rate for the said loan is 15% per annum (hereinafter “loan claim”).

B. On December 6, 2011, the National Agricultural Cooperative Federation transferred its loan claims to the Plaintiff and notified the Defendant of the transfer on December 29, 201.

C. The Plaintiff received dividends of KRW 168,009,390 on December 27, 2012 from the distribution procedure for 301, Dong 404, Seo-gu, Incheon, Seo-gu, Incheon, which was owned by the Defendant. The dividends were successively appropriated in order of the provisional payment of loan claims, interest, and principal amount, and then the principal amount of loan claims remains at KRW 47,412,160 at around that time. The damages for delay from around October 10, 2017 to around October 10, 2017 for the principal amount is KRW 34,001,727.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and the damages for delay from December 28, 2012 to October 10, 2017, KRW 81,413,87, and the principal amount of KRW 47,412,160, 15% per annum from October 11, 2017 to the date of full payment.

3. Defendant’s assertion and judgment

A. The defendant alleged that the National Agricultural Cooperative Federation did not receive a notification of the transfer of credit from the National Agricultural Cooperative Federation, but the assignment of credit is merely an act of setting up against a third party, and the defendant's notification of the transfer of credit is merely an act of setting up against the third party, so long as the plaintiff was aware of the fact that the National Agricultural Cooperative Federation's notification of the transfer of credit was sent as evidence through the lawsuit in

B. The defendant asserts that the claim of KRW 38,112,715 for delay damages that he did not consult or deliver with him is unjustifiable, but the above defendant is the above defendant.

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