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(영문) 수원지방법원안양지원 2015.07.10 2014가합103942

대여금

Text

1. The plaintiff's main claim is dismissed.

2. Defendant B shall pay KRW 100,000,000 to the Plaintiff and KRW 93,000,000 among them.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff’s primary claim for the loan amounting to KRW B,00,000 on August 9, 2009 was determined as KRW 400,00 per month (to pay KRW 5,00,000 per annum from October 30, 2009), and KRW 26,700,000 per month from December 20, 209 as interest rate of KRW 300,000 per month; KRW 300,000 per month from April 1, 200; KRW 300,000 per month from the above loan amounting to KRW 300,00,000 per month; and the Plaintiff’s primary claim for the loan amounting to KRW B,00,000 per month from February 4, 2014 to KRW 9,700,000 per month from the above loan amounting to KRW 9,700,000 per annum, as stated in [Attachment 209].

B. The reasoning of the judgment is insufficient to acknowledge that the Plaintiff left the principal and interest of the loan that the Plaintiff claimed as the primary cause of the loan and the repayment of the principal and interest that the Plaintiff sought as the result of the loan as the primary cause of the claim, and there is no evidence to acknowledge otherwise.

However, until May 9, 2014, the Plaintiff and Defendant B borrowed money from the Plaintiff as the principal of KRW 93,000,000, interest of KRW 7,000,000 ( KRW 93,00,000,000) are final.