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(영문) 인천지방법원 2018.06.05 2016나63371
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

1...

Reasons

1. Basic facts

A. On September 21, 200, the Defendant extended the repayment date on September 21, 200 by setting the interest rate of 12% per annum, 17% per annum, and after receiving a loan from the National Agricultural Cooperative Federation as of September 21, 2001 (hereinafter “instant loan agreement”), and on October 1, 2003, continued to extend the repayment date of the said loan (hereinafter “instant loan agreement”); and finally, on October 1, 2003, extended the repayment date by setting the interest rate of 9.2% per annum as to the balance of the loan on October 1, 2003.

B. On June 7, 2006, the National Agricultural Cooperative Federation received a decision of performance recommendation from the defendant that "the defendant shall pay 19% interest per annum from April 8, 2006 to the National Agricultural Cooperative Federation for KRW 5,158,737 as well as from KRW 4,090,186 as to the above loans from KRW 5,158,7390, and from the date of delivery of a copy of the complaint from April 8, 2006, and 20% interest per annum from the next day to the date of full payment." The above decision of performance recommendation was served on the defendant on June 20, 2006 and became final and conclusive on July 5, 2006.

(hereinafter referred to as “instant decision on performance recommendation”). (c)

On March 31, 2010, the Plaintiff received the principal and interest claim against the Defendant from the National Agricultural Cooperative Federation, and notified the Defendant of the assignment of the claim on May 17, 2010.

The Plaintiff’s claim against the Defendant is KRW 11,495,723 as of June 16, 2016, the sum of KRW 4,090,186, interest, etc., 7,405,537.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 11,495,723, and to pay damages for delay at the rate of 15% per annum from June 17, 2016 to the date of full payment, with respect to KRW 4,090,186 of the loan principal, barring any special circumstance.

B. As to the Defendant’s assertion that the actual obligor B is the Defendant’s assertion, the Defendant would obtain a loan from the Defendant at the time of having been in relationship with the Defendant.

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