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(영문) 광주고등법원 2015.09.25 2014나2449

대여금

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1.The judgment of the first instance, including claims extended or reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. On July 22, 201, the Plaintiff: (a) agreed to lend KRW 35,000,000 to the Defendant by setting interest rate of 2% per month (hereinafter “instant first loan”); (b) transferred KRW 34,300,000 after deducting KRW 70,000 from interest rate of KRW 1 month; and (c) received KRW 10,50,000 from the Defendant on several occasions.

On December 16, 201, the Plaintiff agreed to grant a loan of KRW 10,00,000 to the Defendant with interest rate of KRW 3% per month (hereinafter “instant second loan”) and transferred the remainder of KRW 9,70,000 after deducting KRW 300,000 from the interest rate of KRW 1 month, and received KRW 3,00,000 from the Defendant on several occasions.

On February 2, 2012, the Plaintiff agreed to grant a loan of KRW 20,000,000 to the Defendant by setting interest rate of 3% per month (hereinafter “instant third loan”) and subsequently, remitted KRW 19,60,000, which remains after deducting the interest rate of KRW 400,000,000, to the Defendant several times, and received a total of KRW 4,200,000 from the Defendant.

On May 16, 2012, the Plaintiff: (a) determined and lent KRW 20,00,000 to the Defendant as interest rate of 3% per month (hereinafter “the instant loans”); and (b) agreed to lend KRW 10,000,000 additionally on May 23, 2012 as interest rate of KRW 3% per month; (c) remitted KRW 9,300,000 after deducting KRW 70,000 from interest rate of KRW 70,00,000; and (d) received KRW 5,10,000,000 from the Defendant on several occasions.

On July 23, 2012, the Plaintiff leased KRW 15,000,00 to the Defendant at 3% interest per month (hereinafter “instant loan”) and received KRW 900,000,000 from the Defendant on several occasions (hereinafter “instant loan”).

On September 24, 2012, the Plaintiff agreed to provide a loan of KRW 10,00,000 to the Defendant with interest rate of KRW 3% per month (hereinafter “instant loan”) and deducted KRW 300,000 from the monthly interest rate of KRW 9,70,000.