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Reasons
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(영문) 수원지방법원 2017.05.18 2017나50973
대여금
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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On April 19, 2015, the Plaintiff: (a) determined KRW 35,00,000 to the Defendant on December 31, 2018 as due date for reimbursement of KRW 35,00,000 to the five percent per annum; and (b) lent the instant loan (hereinafter “instant loan”).

B. At the time of the instant loan, the Plaintiff prepared a loan certificate by determining the payment of interest on the instant loan with the Defendant. The details are as follows.

The omission of the certificate of borrowing.

3. Interest: 5% per annum, 145,835 won/months;

4. Time of payment of interest and method of payment thereof: A deposit made on the 20th day of each month (national bank, account number C: plaintiff);

5. In a case where the payment of interest on loss of the term is three times in arrears, the defendant shall lose the term of payment, and the defendant shall, if the plaintiff requests the principal and interest even before the due date, make a repayment without any objection.

C. The Defendant paid interest on the instant loan to the Plaintiff as follows.

[Attachment of Interest Payment] The number of days of arrears 145,835 won on May 20, 2015 - No. 145, 2015 - 0 on June 19, 2015 - 14 on August 31, 2015 - 6 on September 19, 2015 - 16 on September 16, 2017 - 16 on November 25, 2015 - 20 on June 16, 2015 - 20 on June 16, 2015 - 10 on July 20, 2015 - 16. 3. 20 on September 25, 2015 - 16. 20 on September 25, 2015 - 20 on July 23, 2015

2. Determination as to the claim for return of a loan caused by the fixed period for loss of benefit

A. The Plaintiff asserted that, at the time of the instant loan, the interest payment period was set at the 20th day of each month and agreed that the interest payment was in arrears on three occasions, and the Defendant did not pay the interest on the instant loan three times or more, so the due date for the instant loan repayment has arrived due to the Defendant’s loss of interest.

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