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(영문) 서울고등법원 2015.04.29 2014나2047120

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The defendant's obligation to return the borrowed money

2. The reasons for this part of the judgment of the court concerning the defendant's defense for repayment are as stated in paragraphs 1 and 2 of the judgment of the court of first instance, except for the dismissal or addition of the judgment of the court of first instance as follows:

(The main text of Article 420 of the Civil Procedure Act) The portion of the 3rd page 1, “rent 400,000,000 won” and the 2nd page 3, respectively, shall be deemed as “interest KRW 52,00,000 (4 million x 13 months)” and “the sum of interest KRW 452,00,000,000.”

Part 3, 16, the following shall be added:

The plaintiff asserts to the purport that the above 400 million won should not be appropriated for the repayment of the loan, as it received the above 29 million won as repayment of the additional loan and received the above 29 million won as repayment of the additional loan, separately from the above 400 million won loan.

In full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 4, and 5, the fact that the plaintiff paid to the defendant a sum of KRW 15 million on November 22, 2012, and KRW 20 million on November 23, 2012 is recognized, but the above KRW 29,105,960 on the ground that there is an agreement on the interest rate of KRW 10,000 on the interest rate of KRW 20,000,000, unless there is any evidence that there is an agreement on the interest rate of KRW 29,105,960 on the loan.

Since a large amount of KRW 400 million should be appropriated for repayment of loans, the plaintiff's assertion is without merit.

Part 4 1 written evidence of "A" shall be deemed to be "written evidence Nos. 3 and 6."

CHAPTER 4, 10, “ May 31, 2013,” respectively, appears to be “ May 31, 2014.”

up to 4th 13-17th kings as follows:

1) Therefore, the Defendant’s objection against KRW 217,878,409 and principal of KRW 208,619,149 as to the Plaintiff is the rate of 12% per annum from June 13, 2014, which is the day following the delivery date of the copy of the application for modification of the purport of the instant claim, which included the Plaintiff’s intent to seek the implementation, to the effect that it is reasonable to dispute as to the existence and scope of the Defendant’s obligation, from June 13, 2014, until November 6, 2014.