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Reasons
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(영문) 서울중앙지방법원 2016.11.30 2016나11522
양수금
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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. On April 2, 2002, the Seongdong Credit Union loaned 4.8 million won to the Defendant, a member of the union, at the rate of 10.5% per annum on April 2, 2005, and at the rate of 18% per annum on the expiration date of the lending period.

B. On October 30, 2001, the Seongdong Credit Union provided a loan to the Defendant, a partner, at the interest rate of 11.3% per annum and at the interest rate of 18% per annum.

C. After concluding a credit card membership agreement with an agricultural cooperative, the Defendant delayed the payment of the credit card amount of KRW 6,144,763 while using the credit card. On October 2005, the Defendant terminated the credit card membership agreement.

On April 30, 2004, Taesan Agricultural Cooperative granted a loan of KRW 8 million to the Defendant, a member, at the rate of 8.5% per annum and 14.5% per annum on April 30, 2007 when the term of loan expires.

E. On June 2, 2004, Taesan Agricultural Cooperatives granted a loan of KRW 2 million to the Defendant, a partner, at the rate of 8.5% per annum and 14.5% per annum on June 2, 2009 when the term of the loan expires.

F. On June 2, 2004, Taesan Agricultural Cooperatives loaned a loan of KRW 20 million to the Defendant, a partner, at the rate of 8.5% per annum and 12% per annum on June 2, 2009, the expiration date of the lending period.

(g) Around June 2013, the Plaintiff: (a) transferred the instant claim from the creditors of the instant claim and notified the Defendant of the fact of the assignment of the claim upon delegation of the authority to notify the assignment of the claim from the said creditors; and (b) individually referred to the claims of each of the instant claims; and (c) around June 2013, the Plaintiff notified the Defendant of the fact of the assignment of claim.

A Claim 4,352,426 Won 7,869,968 Won 2,4288 Won 2,428,373 Won 5,358,770 Won 6,144,763 Won 2,401,087 Won 8,545,850 Won 770,000 Won 990,340,000 Won 200,729 Won 271,729 Won 2729,729 Won 1,878,7338,6333 won

(h) By June 12, 2014.

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