어음금
1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal and the incidental costs of appeal shall be individually considered.
1. The reasons why the court has cited the judgment of the court of first instance concerning this case are stated, and Article 2-b of the judgment of the court of first instance.
(2)(d) and (2)-C) of subsection (2).
The following paragraph 2-A:
paragraphs 1 and 2.
As stated in paragraph 2, the Defendants’ assertion in the trial shall be completed and the following 2-C.
This is the same as the reasoning of the judgment of the court of first instance, except for addition of judgment like Paragraph (1), and such judgment is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Matters to be changed or added;
(a) 2-b;
The amount of KRW 50,00,000 deposited in Defendant C’s name of appropriation of debt of this case is clear in the calculation. Since there is no evidence as to the existence of an agreement between the Plaintiff and the Defendants on appropriation of debt of this case, the above KRW 50,00,000 from April 14, 2009 to December 23, 2009, the date following the due date of payment for the remaining principal of the loan of this case from April 14, 2009 to December 23, 2009, the repayment rate of KRW 30% per annum of interest rate of KRW 83,506,848,50,000, which is the delayed interest rate of KRW 50,000 from April 14, 2009 to December 23, 2009.
(b) Article 2-2(c);
If so, the defendants are jointly and severally liable to pay to the plaintiff the interest rate of 43,506,848 won on the loan of this case as of December 23, 2012 (=400,000 won of the remaining principal (33,506,848 won of the interest rate of 400,000 won of the interest rate of December 23, 2009) and the principal amount of 400,000,000 won of the interest rate of 40% from December 23, 2012 to the date of full payment) within the limit of 4% per annum of the agreed interest rate of 30% per annum under the Interest Limitation Act to the plaintiff.
The court of first instance shall pay 50,000,000 won for interest in arrears in accordance with the rate of 30% per annum from April 14, 2009 to September 13, 2009, following the due date for repayment of 400,00,000 won for the remaining principal from the loan of this case.