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(영문) 수원지방법원 2018.10.10 2018가단517212
대여금
Text

1. The defendant shall pay 68,00,000 won to the plaintiff and 15% per annum from May 5, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On February 18, 2016, the Defendant borrowed KRW 68,000,000 from the Fisheries Cooperatives that died on February 18, 2016 as the due date for reimbursement of KRW 18,000,000.

B. On November 3, 2017, a fisheries cooperative at the time of death transferred a claim against the Defendant for the above loans to the Plaintiff, and notified the Defendant of the transfer on December 18, 2017, and sent the notification to the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 68,000,000 and damages for delay calculated at the rate of 15% per annum from May 5, 2018 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case.

3. The defendant's argument as to the defendant's assertion is alleged to the effect that the land was offered as security for the above loan's obligation, and that the repayment was completed through the distribution in the auction procedure for the above land, but there is no evidence to acknowledge this. The defendant'

4. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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