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(영문) 서울북부지방법원 2019.07.04 2018나38957

대여금

Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant.

Reasons

1. Paragraph (2) and 3-C of the judgment of the court of first instance which cited the judgment of the court of first instance.

In addition to the following cases, the part of a claim is the same as that of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the plaintiff's assertion in Paragraph 2, which was written after the dismissal, shall be as follows (the plaintiff revised the purport of the claim in the trial). The defendant shall pay to the plaintiff the balance of KRW 120 million out of the claim in this case, and KRW 431,250,000, which was paid by the defendant from KRW 75 million and KRW 74,568,750, which was paid by the defendant to the principal (=75,00,000-431,250) and damages for delay to the original amount (= KRW 75,000,000).

subsection (1) shall be filled by the following:

Therefore, the Defendant appears to claim interest from February 20, 2014 to the Plaintiff from February 20, 2014, as to KRW 123,837,831 (=74,568,750 won) and KRW 49,269,081 among them, 74,568,750 of the principal amount of the instant loan claims, and the Plaintiff leased the instant loan to the Defendant on February 20, 2014, the Plaintiff appears to have claimed interest from February 20, 2014 to 14.5% of the annual interest rate from July 14, 2014; the Plaintiff sought interest rate of KRW 25376,750 from July 15, 2014 to 25% of the annual interest rate of KRW 30,000,000 from July 14, 2014; and the Plaintiff’s annual interest rate of KRW 15,305,000.1.

Until February 7, 2018, the Plaintiff was amended by Presidential Decree No. 28413, Feb. 8, 2018 to 24% a year from February 2018, 2018, on the ground that Article 2(1) of the Interest Limitation Act was amended by Presidential Decree No. 28413 to February 8, 2018.