beta
(영문) 서울북부지방법원 2019.12.24 2019나34778

양수금

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. The Plaintiff subject to adjudication at the first instance court from August 22, 2018: (a) the principal and interest 23,642,053 won as of August 22, 2018 (the remaining interest 12 million won as of July 24, 2013 at the time of transfer; (b) the Plaintiff calculated damages for delay from the date of transfer from July 25, 2013 to the date of transfer from July 24, 2013; (c) the Plaintiff appears to have calculated damages for delay from the date of transfer from July 24, 2013 to the date of transfer from July 24, 2013 to the date of 204.6% of the remaining interest x (the remaining interest 10,97,534 won from July 25, 2013 to August 22, 2018; and (d) the remaining interest x 2013.64% of the total interest x 2636.4% of the remaining interest x 27.36.1.36.25%

The portion of the claim is dismissed and the remainder of the claim is accepted, and only the plaintiff appealed against KRW 509,423 among the part against which the above claim was lost. Thus, the subject of the judgment by this court is limited to the above KRW 509,423 out of the remaining interest accrued until June 30, 2013 and KRW 522,492.

2. Basic facts

A. On December 14, 2009, the defendant entered into a loan transaction agreement with the Dispute Resolution Co., Ltd. and received a loan of KRW 12 million from the Dispute Resolution Co., Ltd.

(hereinafter referred to as the “instant loan claim”): The loan period of KRW 12 million: one-year interest rate: 5.3% per annum of the CD interest rate for three months: the method of calculating the highest interest rate and damages for delay, out of 21% per annum or 1.3 times the agreed interest rate: