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(영문) 인천지방법원 2019.05.08 2018나6129
대여금
Text

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. In full view of the respective descriptions and the purport of the entire pleadings as to the cause of the claim Gap, the plaintiff lent KRW 700,000 to the defendant around 207.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 400,000 for loans, which the Plaintiff was paid by the Defendant not later than August 13, 2008, deducting KRW 300,000, and damages for delay calculated at the rate of 5% per annum under the Civil Act from the day following the service of the complaint of this case sought by the Plaintiff to the day of rendering a reasonable judgment in this court, for the existence and scope of the above obligation, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(i) The remainder of the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the delivery of the complaint of this case among damages for delay by the plaintiff's 15% damages for delay until the day of rendering a judgment in this court shall not be accepted).

However, since the judgment of the court of first instance is unfair with a different conclusion, it is so decided as per Disposition by the plaintiff's partial acceptance of the appeal of this case, and the part against the plaintiff as to the part of the judgment of first instance ordering payment as above is revoked, and the payment of the above amount is ordered to the defendant. Since the remaining part of the judgment of first instance is legitimate, the remaining appeal by the plaintiff

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