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(영문) 부산고등법원(창원) 2019.08.29 2018나13885

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

A notary public of the defendant against the plaintiff is a joint law office on c. 2010.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(The grounds for appeal by the plaintiff and the defendant do not differ significantly from the allegations in the first instance court, and the facts-finding and determination in the first instance court are recognized as legitimate, considering all additional arguments and evidence added by this court). 2. Up to 18-20 of the first instance court's 18-20 of the first instance court's 18-20 of the first instance court's 2.

The principal is 86,712,328 won with interest rate of 30% per annum from September 2, 2010 to March 31, 2011, and ② damages for delay calculated by the rate of 5% per annum from April 1, 2011 to November 23, 2011, shall be appropriated first to the total of 16,232,876 won, and remaining 197,054,796 won (=30,000,000 - 102,945,204 won). Accordingly, the loan claim of this case shall be 302,945,204 won per annum from September 2, 201 to the total of 16,232,876 won per annum, and damages for delay, “the principal of the loan of this case shall be 300,000,000 won per annum 50,000 won per annum - 23645,794.”

The 19th 8th 11th eth eth eth eth eth eth eth eth.

Therefore, the loan claims remaining after the Defendant received dividends of KRW 190,62,750 shall be 82,98,686 won for delay damages incurred from November 24, 201 to May 15, 201, and 112,322,454 won for remainder of principal (=302,945,204 - 190,62,750 won for delay damages incurred from the date of repayment) and damages for delay incurred from the date following the date of repayment for the remainder of principal (=302,945,204 won - 190,62,750 won) of the judgment of the first instance, 12-15 of the judgment of the court of first instance as follows.

The fact that KRW 100 million has been repaid on October 13, 2017 is no dispute between the parties.

Therefore, the above KRW 100 million was calculated by the rate of 5% per annum from November 24, 201 to May 15, 2017, as to KRW 85,322,068 (1) (302,945,204) incurred until the date of the above repayment. < Amended by Presidential Decree No. 23590, Nov. 24, 2011; Presidential Decree No. 1