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(영문) 서울중앙지방법원 2016.06.10 2015나29724
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 1996, Agricultural Cooperatives (hereinafter “FFFFFFFFFFF) granted loans of KRW 30 million to the Defendant (hereinafter “FFFFFFFFFFFFFFF) at KRW 10 million at the rate of 13% per annum on the date of repayment, and 17% per annum on the date of repayment. 2) Agricultural Cooperatives (FFFFFFFFF) held as its members on June 18, 1997, extended loans of KRW 10 million at KRW 18,60,000 per annum to the Defendant, who is in its membership status.

B. On June 28, 2013, the Plaintiff’s notification of the transfer of each of the instant loan claims (hereinafter “Plaintiff”) acquired each of the instant loan claims from NAFFFFFFFFFFFFFFF, and notified the Defendant of the fact of the transfer of the claim on June 23, 2014. As of February 13, 2015, each of the instant loan claims as of February 13, 2015 is KRW 65,259,433 [the sum of principal amount = KRW 39,428,69 [the sum of principal amount + KRW 39,428,318, KRW 29,970,38, KRW 2970, KRW 29,381) including interest, etc. (= KRW 7,957,068, KRW 1068, KRW 17,876666)].

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the above KRW 65,259,43 and the principal amount of KRW 39,428,69 to the plaintiff, except in extenuating circumstances.

B. As to the Defendant’s defense of extinctive prescription, the Defendant had the right to claim the first loan since November 6, 1998, the repayment date, and the second loan claim from June 18, 200, respectively, and five years have passed since the lapse of each of the five years thereafter.

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