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(영문) 전주지방법원 2019.01.18 2017나7678
대여금
Text

1. Of the part of the judgment of the court of first instance with respect to the principal lawsuit, the Defendant (Counterclaim Plaintiff) who exceeds the following payment order:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff and the defendant have been engaged in monetary transactions since the late 1990s with each other.

B. On September 29, 1998, the Plaintiff lent a total of KRW 92,80,000 to the Defendant by August 30, 1999, including a loan of KRW 24,00,000 to the Defendant by setting the due date on September 29, 199 as follows:

(hereinafter individually, according to the sequences, the term “loans 1 through 4” and, in total, the term “the first loan of this case” was collectively referred to as “the first loan of this case”). Loans (units) on the date of lending (units) shall be 24,000,000 on September 29, 1998 and 10,000 on September 29, 1999 (1 year) 27, 200,000 on March 27, 2000 (1 year) and 33.48,800,000,000 on March 27, 200 (1 year) on August 10, 201 (2 years) plus the total of 10,000,000 on August 10, 1999 (2 years).

C. On April 18, 2003, the Plaintiff set the interest rate of KRW 30 million to the Defendant as 2% per month and the due date on April 18, 2005.

(hereinafter referred to as “the second loan of this case,” and the first and second loans of this case are collectively referred to as “each of the loans of this case”).

On April 17, 200, the Defendant paid to the Plaintiff KRW 4,254,00 as the repayment of the first loan. From May 2, 2003 to April 12, 2004, the Defendant paid KRW 4,550,000,000 in total as interest for the second loan as shown in the following table. The Defendant paid KRW 1,00,000 on September 23, 2003, KRW 1,000,000 on February 24, 2010, KRW 5 million on February 2, 2012, and KRW 2 million on August 30, 2013, respectively.

On May 2, 2003, 50,000 on June 3, 2002; 300,000 on July 3, 2003; 50,000 on April 9, 2003; 50,000 on August 40, 200 on August 450, 200 on June 450, 200 on June 3, 200; 40,00 on September 30, 200 on September 25, 200, 30, 100 on July 30, 200, 200 on the aggregate of No. 50/40 on September 30, 200, 300 on August 30, 204, 204; 1205/30, 1204, 305/3016.

2. Determination on the main claim

(a)the cause of the action;

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