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(영문) 춘천지방법원 2016.05.13 2015나5167
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On April 10, 2002, the Defendant concluded a loan transaction agreement with the National Agricultural Cooperative Federation to enter into an agreement on the lending amount of KRW 10 million, the repayment date on April 10, 2014, the interest rate of 10% per annum, and the overdue interest rate of 18% per annum.

B. On April 7, 2006, the lending limit amount was reduced to nine million won, which was finally reduced to KRW 7,200,000, and the repayment date was extended on April 8, 2010.

C. Meanwhile, on June 24, 2014, the National Agricultural Cooperative Federation transferred the above principal and interest interest claim to the Plaintiff, notified the Defendant by content-certified mail and reached July 23, 2014.

The remainder of the loan principal as of March 8, 2015 is KRW 6,480,00 and the interest or overdue interest accrued is KRW 5,461,773.

[Identification Evidence] Each description of Gap evidence Nos. 1 through 9 (including a serial number)

2. According to the facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff, who received the above principal and interest of KRW 11,941,773 and the principal of KRW 6,480,00 from March 9, 2015, which is the day following the base date for calculating interest, 18% per annum agreed from March 9, 2015 to April 6, 2015, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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