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(영문) 서울동부지방법원 2015.12.15 2014가합112161
양수금
Text

1. As to KRW 804,150,182 and KRW 152,975,465 among the Plaintiff, the Defendant shall start from October 20, 2014 to April 1, 2015.

Reasons

1. The following facts can be acknowledged in full view of the descriptions of Gap evidence Nos. 1, 2, 3-1, 2, 4, and 5 and the purport of the entire pleadings. A.

On May 8, 2001, the National Agricultural Cooperative Federation loaned 600,000,000 won to the Defendant with interest rate of 9.25% per annum, May 8, 2006, and delay damages of 18% per annum, and extended 6.8% per annum on August 14, 2002, due date of 6.8% per annum on August 14, 2002, due date of 19% per annum on August 14, 2005, and due date of 200,000,000 won per annum.

B. The National Agricultural Cooperative Federation transferred each of the above loans to the Defendant to a limited liability company specializing in the 19th securitization of the National Agricultural Cooperative Federation and notified the Defendant of the assignment of the credit. The above limited liability company transferred each of the above loans to the Plaintiff on December 23, 201. On January 6, 2012, the Plaintiff notified the Defendant of the assignment of credit on behalf of the limited liability company and issued the above notification around that time.

C. As of October 19, 201, in the case of loans extended on May 8, 2001 as of May 8, 201, the principal amount of KRW 152,975,465, interest and delay damages amount of KRW 221,642,246 remain, and the rate of the applied delay damages amount of KRW 16.26% per annum. In the case of loans extended on August 14, 2002, the principal amount of principal amount of KRW 200,000,000, interest and delay damages amount of KRW 229,532,471 remains, and the rate of the applied delay damages amount of KRW 19% per annum.

2. According to the above facts of determination, the Defendant: (i) KRW 804,150,182 (= KRW 152,975,465 won 221,642,246 won 200,000 won 229,532,471 won; and (ii) KRW 152,975,465, which is the remaining principal of the claim for loans of May 8, 201, as to KRW 152,975,465, which is the remaining principal of the claim for loans of this case from October 20, 2014 to April 1, 2015, the delivery date of a duplicate of the complaint of this case, the Defendant’s statutory interest rate of KRW 16.26% per annum from the following day until September 30, 2015; and (iii) the main sentence of Article 3(1) of the former Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No.

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