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(영문) 수원지방법원안양지원 2020.12.17 2020가단894

채무부존재확인

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Plaintiff’s assertion

The Plaintiff first borrowed KRW 1,362,00,000 from the Defendant as of May 11, 2016, and KRW 5,000,000 from May 30, 2018, with interest rate of KRW 2,620,000 on May 30, 2018, and received KRW 1,362,00,000,000,000 excluding the principal and interest paid on July 25, 2018, with interest rate of KRW 4 as of July 25, 2018. The amount actually received was KRW 32,320,00 in total (i.e., KRW 5,00,000, KRW 1,362,13,70,000 in total). Moreover, if the Plaintiff paid interest rate of KRW 244,00 per annum under the Interest Limitation Act, it did not exceed KRW 13,181,200,000.

Judgment

Under the agreement on interest, the Defendant loaned 2.1.5 million won to the Plaintiff on May 1, 201, 201, 1.5 million won to 2.1.5 million won on May 30, 2018, and 13.7 million won on July 25, 2018, respectively, and the Defendant extended 1.5 million won to the Defendant on January 10, 2017; 2.6.1.7 million won on January 23, 2017; 1.6.7 million won on January 23, 2017; 2.8 million won on February 13, 2017; and 1.6.7 million won on July 25, 2017; and 2.7 million won on July 18, 2017; and

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