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(영문) 의정부지방법원 2018.01.18 2017나5489

대여금 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On March 10, 2009, the Plaintiff lent KRW 50,000,000 to Defendant B without fixing the due date (hereinafter “instant loan”).

B. On November 3, 2013, the Defendants (the vice-contractor) prepared and delivered to the Plaintiff a letter of payment with the same content as the next letter boxes (hereinafter “instant letter”).

The plaintiff B: The defendants Eul borrowed the above amount to Gap by November 3, 2013, and Eul promises to pay the above amount by November 3, 2013.

I will pay interest on November 6.

On November 3, 2013, there is no dispute over Defendant B (based on recognition), Defendant B (based on recognition), each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, since the Defendants’ maturity of KRW 50,00,000 that the Defendants decided to pay in accordance with the instant text has expired, the Defendants are jointly and severally liable to pay KRW 50,00,000 to the Plaintiff and KRW 2,363,075 cited in the judgment of the first instance court among them, which is reasonable after the maturity date to dispute over the existence or scope of the Defendants’ obligations, from January 1, 2016 to July 6, 2017, which is the date the judgment of the first instance is rendered, 5% per annum prescribed in the Civil Act until July 6, 2017; 15% per annum from the following day to the date of full payment; 47,636,925% per annum from the date following the date the Defendants requested to pay additional amounts to KRW 50,000 to the Plaintiff; and 2,363,075% per annum from January 1, 2018.

3. Determination as to the defendants' defense

A. The Defendants’ summary of the parties’ assertion are at the time of the instant loan.