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(영문) 창원지방법원 2015.08.12 2014나2246
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts and

2. Each corresponding part of the judgment of the court of first instance, as to the cause of claim

(main sentence of Article 420 of the Civil Procedure Act). 3. Judgment on the defendant's defense of offsetting

A. The Defendant’s counterclaim, as to the instant claim for loans Nos. 1, 201 and 16 of this case, even if each dividend paid out of September 16, 2010 and December 16, 2010 is appropriated in court, the claim of KRW 1,306,90,136 of the leased principal still remains (the claim of KRW 500 million is still remaining, even if the claim of KRW 500 million was extinguished according to the settlement of payment in substitutes for the Plaintiff’s shares as of November 16, 2009). Accordingly, the Defendant’s defense that the Plaintiff’s claim for loans of this case as seen earlier is no longer paid if the amount set off against the equal amount of the Plaintiff’s claim for loans of this case.

B. Determination 1) The fact that the Defendant received dividends of KRW 1,575,632 and 627 on September 29, 2008 from the Plaintiff at an interest rate of KRW 4,00,000 per annum (the first loan claim of this case), KRW 100,000 on February 11, 209 (the second loan claim of this case), KRW 1280,367,373 on September 16, 2010, KRW 1,575,632 and KRW 1,57 on December 16, 2010, and KRW 1,575,627 on the second loan of this case at an interest rate of KRW 1,50,00 per annum, the Plaintiff did not assert that the interest rate of the second loan of this case was KRW 1,50,000 on the second loan of this case at an interest rate of KRW 25,000 per annum after the second loan of this case.

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