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Reasons
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(영문) 서울중앙지방법원 2016.11.24 2016나39407
양수금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 21, 2004, the Yellow Chang Chang Credit Cooperative established a loan to the Defendant on October 21, 2004 (i) the amount of KRW 11.5% per annum, interest rate of KRW 10 million per annum, interest rate of KRW 18% per annum, and due date of repayment on October 21, 2007 (hereinafter “the first loan”).

2) On February 9, 2006, the payment order became final and conclusive on August 13, 2005, stating that “The Defendant shall pay to the Plaintiff the amount of KRW 10 million per annum from August 13, 2005 to the day of full payment, calculated at the rate of 18% per annum from the date of full payment.”

B. The following agricultural cooperatives established a loan and payment order of the following agricultural cooperatives 1) on October 15, 2003: (a) on October 15, 2003, 17.5% per annum of interest and interest for delay; and (b) on October 16, 2006, i.e., a loan to the Defendant on October 16, 2006 (hereinafter “second loan”); and (c)

2) On February 6, 2008, the payment order was finalized as follows: “The Defendant shall pay to the Plaintiff 9,215,521 won and damages for delay calculated at the rate of 17.5% per annum from January 9, 2008 to January 22, 2008, and 20% per annum from January 22, 2008 from the next day to the day of full payment.”

C. On June 21, 2013, the Yellow Creative Credit Cooperative (1) transferred the claim for the first loan to the Plaintiff and notified the Defendant of the fact of the assignment of the claim. 2) On June 28, 2013, the Hansan Agricultural Cooperative (2) notified the Defendant of the fact of the assignment of the claim for the second loan on June 28, 2013.

The remaining principal and interest of loans No. 1 and No. 2 as of December 8, 2015 are as follows:

Loans 1-9,76,074 Won 9,277,350 Won 19,043,424 Won 2-7,16,986 Won 9,474,750 Won 16,59,750 Won 16,591,736, total of the principal principal and interest accrued.

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