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(영문) 서울남부지방법원 2016.03.24 2015가합4031
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 982,811,071 and KRW 276,706,841 among them from August 13, 2015.

Reasons

1. Facts of recognition;

A. On May 10, 200, the C Saemaul Fund (D Saemaul Fund changed its name to the C Saemaul Fund in around 2002; hereinafter “C Saemaul Fund”) borrowed a loan of KRW 150 million to Defendant A at the interest rate of 10.5% per annum on May 12, 2000 from the date of loan commencement, May 12, 2000, May 12, 2000, and May 12, 2002, and 10.5% per annum on the expiration date of the loan term.

(hereinafter referred to as “first loan”). Defendant B jointly and severally guaranteed Defendant A’s above loan obligation.

B. On July 22, 200, the C Saemaul Fund loaned a loan of KRW 150 million to Defendant A at the rate of 10.5% per annum on July 22, 2000 on the date of loan commencement, July 22, 2000 on the date of expiration of the loan period, July 22, 2001, and 10.5% per annum.

(hereinafter referred to as “second loans”). (c)

C Saemaul Fund: (a) on May 1, 2005, the Korea Saemaul Savings Depository (the name of the Korea Saemaul Savings Depository was changed to the Korea Saemaul Savings Depository Federation around September 201; hereinafter referred to as the “Korea Saemaul Savings Depository Federation”), regardless of whether it was before or after the change of its name; and (b) on April 18, 2014, the Korea Saemaul Savings Depository Federation assigned each of the principal and interest claims to the Plaintiff in succession.

On the other hand, on April 17, 2014, C community credit cooperatives granted the power of representation to the Federation of Community Credit Cooperatives to notify the assignment of claims.

On December 1 of the same year, the Korean Federation of Community Credit Cooperatives notified Defendant A of the fact that each of the above principal and interest of loan was assigned in succession by mail.

E. As of November 28, 2014, each of the above principal and interest of loans is as listed below:

On May 12, 200, 126, 706, 841 238, 757, 3377, 365, 464, 178 and 22, 22, 150,00,000, 467, 346, 893 617,346, 893, 276,706, 841, 706, 706, 7041, 230, 2302, 982, 811, and 071 [based on recognition] of loans of 126,706, 841 230, 300, 300, 200

2. Assertion and determination

A. According to the facts of the determination as to the cause of the claim, the Defendant A’s total sum of the principal and interest of loans KRW 982,811,071 and the principal amount of KRW 276,706,841.

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