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(영문) 대전지방법원 2016.06.22 2015가단228574
양수금
Text

1. As to KRW 129,319,782 and KRW 30,00,00 among them, the Defendant shall pay to the Plaintiff KRW 129,319,782 from November 16, 2015 to November 25, 2015.

Reasons

1. Facts of recognition;

A. On November 27, 1996, the National Agricultural Cooperative Federation granted a loan of KRW 30 million to the Defendant, setting the rate of delayed damage as 18% per annum.

(hereinafter “instant loan”). (b)

The National Agricultural Cooperative Federation filed a lawsuit against the Defendant under the Daejeon District Court 2005Kadan62621, which stated in the above case that “The Defendant sold the house owned by the Defendant to B around 1996,” and that “The employees of the National Agricultural Cooperative Federation and the non-Gun branch offices in the National Agricultural Cooperative Federation sold the house owned by the Defendant, with the Defendant’s own permission granted a loan without the Defendant’s consent, repaid the Defendant’s mortgage obligations established in the said house, and later signed and sealed all documents as if the Defendant requested the signature and seal to do so to process the instant case, and thus, the Defendant did not actually become the debtor of the instant loan, or the instant loan is a loan by deception.”

C. On May 11, 2006, the above court rejected the defendant's above assertion, and sentenced "the defendant shall pay 73,063,794 won to the National Agricultural Cooperative Federation and 30,000,000 won with interest of 18% per annum from June 30, 2005 to the date of full payment," and the above judgment became final and conclusive around that time.

On November 7, 2006, the National Agricultural Cooperative Federation transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on December 8, 2006.

E. As of November 15, 2015, the remaining principal and interest of the instant loans are KRW 129,319,782, and the remaining principal and interest of KRW 30,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obliged to pay to the Plaintiff KRW 129,319,782 and KRW 30,000 among them, 18% per annum under the agreement from November 16, 2015 to November 25, 2015, which is the delivery date of a copy of the complaint of this case, and 18% per annum from the following day to the date of full payment.

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