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(영문) 서울중앙지방법원 2015.05.01 2014나62694
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The Selection C shall pay to the Plaintiff KRW 17,300,000 and its amount on March 2014.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 5 as to the claim against the Appointor C, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 10 million to the Appointor C on April 6, 2011 and KRW 7,300,00 ( KRW 200,000 per month, but KRW 1,000,000 per month, from March 6, 2014 to March 26, 2014) as the interest rate of KRW 7,30,000 ( KRW 1,00,000 per month, 200,000) and delay damages therefrom, barring any special circumstance.

Since the defendant defenses that the above loan and interest claim were extinguished after the court's conciliation had been concluded, the defendant did not dispute between the parties, while considering the evidence No. 5-27, it is recognized that "the plaintiff and the defendant confirm that there is no obligation related to this case, and that there is no obligation for the plaintiff and the defendant with respect to this case" in the loan case No. 2013Da48243 as of December 10, 2010, the mediation was concluded on the first mediation date which was held on March 26, 2014, and the mediation provision provides that "the plaintiff and the defendants do not exist any obligation except as otherwise provided for in the above provision, and it is confirmed that there is no obligation related to this case's loan and the defendant's loan No. 2100,000 won." Thus, according to the above mediation provision's claim that "the plaintiff and the defendant did not have any obligation related to this case's loan No. 210,010."

Therefore, the Appointor C.

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