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(영문) 서울남부지방법원 2017.04.13 2016나1545
대여금 등
Text

1. The judgment of the first instance, including the claims extended by this court, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. On May 20, 2005, the Defendant borrowed KRW 10,000,000 from the Plaintiff as interest rate of 36% per annum and due date of payment on June 26, 2005.

On June 2005, the Defendant agreed to pay dump truck transportation cost of KRW 4,100,000 to the Plaintiff at 36% per annum.

On October 25, 2006, the Defendant borrowed KRW 500,000 from the Plaintiff as of November 25, 2006 by determining the due date for payment as of November 25, 2006. On October 26, 2006, the Defendant borrowed KRW 700,000 as interest rate of KRW 30% per annum.

Therefore, the defendant is obligated to pay the money stated in the order to the plaintiff.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the judgment based on the recommendation of confession.

3. The plaintiff's claim of this case, including the claim extended in this court, is justified, and the judgment of the court of first instance which has partially different conclusions is unfair, and the plaintiff's appeal is accepted and the judgment of the court of first instance is modified as above.

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