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(영문) 서울중앙지방법원 2016.09.01 2015나37886

대여금 등

Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. The Plaintiff’s assertion was deemed final and conclusive on September 18, 2015, and concluded that the Plaintiff’s application for modification of the claim that was previously submitted by the Plaintiff, or on the date of pleading at the court of first instance, deemed that the allegation on the date of occurrence or loan of several loans claims that were verbally stated on the date of pleading at the court of first instance. A

Under an agreement of interest rate of 3% per month, the Plaintiff lent to the Defendant the sum of KRW 15,300,000 as follows:

(1) 1,50,00 won on March 21, 2009; 2.1,000 won on April 21, 2009; 3,00,00 won on June 1, 2009; 4,00 won on June 26, 2009; 4,00,00 won on August 12, 2009; 6. 3,000,00 won on August 28, 2009; 6. 1,30,30,000, 180,000 won on August 28, 200; 6. 1, 200,30,000 won on August 30, 200; 8, 2000, 2000 won; and 1,000,000 won on August 30, 200, 200;

B. The Plaintiff is seeking interest calculated at the rate of 3% per month, the agreed interest rate for loans, 2. For loans from April 22, 2009 to June 9, 2012, the annual interest rate of 5% per annum, and 20% per annum from the next day to June 9, 2012, and damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment. However, the Plaintiff is not seeking interest accrued from the remainder of loans except for loans, to July 25, 2014, and 20% per annum from July 26, 2014 to the date of loan.

① The sum of interest calculated by 3% per month from April 21, 2009 to July 25, 2014 (2,842,027 won ② the amount calculated by 156,712 won per annum from April 22, 2009 to June 9, 2012, calculated by 20% per annum from April 21, 2009 to July 25, 2014. < Amended by Presidential Decree No. 24257, Sep. 25, 2012>