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(영문) 수원지방법원 2017.08.17 2016나70185
대여금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Determination as to the loan claim against the defendant

A. Comprehensively taking into account the existence and scope of the Defendant’s debt and the purport of the entire pleadings in each entry in the evidence Nos. 3-1 through 3 (including the fact that there is no dispute), the Plaintiff has an obligation to pay the Defendant the amount of KRW 2.5% per month for interest and KRW 10,000,000 on April 29, 201, and KRW 10,000 on October 29, 201 for interest and KRW 10,000 on July 21, 2011 for interest and KRW 3% per month for interest on August 21, 201, and KRW 3% per month for interest and KRW 10,000 on September 26, 201 for interest and KRW 3% per month for interest on September 31, 201 for interest and KRW 10,000 for interest on December 31, 201 for each of the above agreements to the Plaintiff.

(3) However, as seen below, the above debt of the defendant against the plaintiff is appropriated for the principal of the loan as a result of the prior deduction of interest from the loan amount. On the other hand, in addition to the above loan amount, the plaintiff's transfer of 1,00,000 won to the defendant on April 29, 201, 200, 100,000 won on July 5, 201, 201, 5,000 won on August 9, 201, 200, 200, 200,000 won on October 5, 201, 200, 200 won on October 4, 201, 200, 12,000 won on November 4, 201, 200, 12,50,000 won on the deposit account of the defendant on July 5, 201, 201 each of the above facts are alleged as follows.

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