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(영문) 수원지방법원 2014.12.23 2014가합60975
양수금
Text

1. As to KRW 2,452,930,636 among the Plaintiff and KRW 728,945,897 among the Plaintiff, the Defendant shall start from August 14, 2013 to February 25, 2014.

Reasons

1. On February 17, 2005, Seoul Agricultural Cooperative Co., Ltd. entered into a loan transaction agreement with the Defendant and paid KRW 2,300,000 to the Defendant.

(A) : 2,300,000 won - Period of payment: 6% per annum on February 17, 2008 - Compensation rate for delay: 15% per annum on December 17, 2009, Seoul Agricultural Cooperative shall transfer the above loan claims to the Plaintiff on December 17, 2009, and notify the Defendant of the above assignment of claims on December 23, 2009 and then the above notification was sent to the Defendant at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of claim

A. In full view of the aforementioned basic facts and the statement in Gap evidence No. 4, the Defendant’s debt as of August 13, 2013 can be recognized as constituting the principal amount of KRW 728,945,897, interest or delay damages, and KRW 1,723,984,739. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 2,452,930,636 (i.e., interest or delay damages of KRW 728,945,897, interest or delay damages of KRW 1,723,984,739) and damages for delay from the date following the date of calculating the above calculation of damages for delay to February 25, 2014, the Defendant is obligated to pay 15% per annum interest or delay damages for delay from the date following the date of delivery of the complaint of this case to February 25, 2014; and 20% per annum interest or delay damages for delay from the date of this case.

B. As to this, the defendant alleged that he paid KRW 150,000,000 to the defendant, considering the whole purport of the arguments in the statement No. 2 as a whole, the defendant can be acknowledged that he paid KRW 150,00,000 to the account in the name of the Seoul Agricultural Cooperative on April 17, 2008. However, it is insufficient to recognize that the above facts alone are insufficient to recognize that the above KRW 150,000 has been paid for the repayment of the above loan, and there is no other evidence to support this otherwise, the defendant's allegation in this part is without merit.

The defendant is owned by the defendant.

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