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(영문) 서울중앙지방법원 2016.10.28 2016나39902

대여금등

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On March 25, 2009, the Plaintiff loaned the Defendant a loan of KRW 100,000,000 to the Defendant on March 27, 2009, and on March 27, 2009, with each of the loan products called “retailed General Funds Loan” as of March 22, 2013, with each of the loan date fixed as of March 22, 2013 (hereinafter the above loan as of March 25, 2009) by stipulating that the interest rate and interest rate for delay should be applied as prescribed by the Plaintiff (hereinafter the above loan as of March 25, 200 and the above loan as of March 27, 2009 as “second loan”) and B set the guarantee limit amount as to the second loan as at KRW 12,00,000.

B. The defendant did not repay each loan on the expiration date set by each of the above loans.

C. As of May 2, 2013, KRW 200,00, normal interest rate of KRW 828,493, and overdue interest rate of KRW 306,849 was paid by the Korea Technology Credit Guarantee Fund as of May 2, 2013. On the same day, the Korea Technology Credit Guarantee Fund paid the principal amount of KRW 200,00,000,000 and interest rate of KRW 828,493 by subrogation. On June 17, 2013, the Korea Technology Credit Guarantee Fund paid the principal amount of KRW 17,202, out of overdue interest rate of KRW 289,647 (=306,849-17,202).

As of May 2, 2013, KRW 9,819,60 and interest rate of KRW 1,297,107 were paid by the Korea Technology Finance Corporation as of KRW 90,335,57 on the same day, and KRW 89,837,648 among them was paid by the Korea Technology Finance Corporation as principal, and KRW 49,81,961 (=9,819,609-89,837,648), interest rate of KRW 79,185 (=1,297,107-49, 297, 297, 298, 297, 298, 297, 298, 297, 297, 297, 297, 298, 206, 297, 296, 297, 297, 297, 297, 2097