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Reasons
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(영문) 의정부지방법원 2016.11.25 2016나54132
대여금
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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. Facts of recognition;

A. The Plaintiff respectively lent KRW 10,00,000 to the Defendant on December 11, 2010, KRW 10,000,000 on December 17, 2012, KRW 30,000,000 on December 21, 2012, and KRW 20,000 on March 25, 2013.

B. The Defendant paid to the Plaintiff KRW 20,00,000 monthly interest rate of KRW 10,000 from January 28, 2011 to March 2014; and KRW 200,000 per month from December 17, 2012 to March 3, 2014, the amount of KRW 30,000 per month from January 20, 2013 to March 3, 2014; and KRW 200,000 per month from December 21, 200; and KRW 30,000,000 on the payment date of KRW 10,00 on April 12, 200, KRW 300,000; and KRW 13,00,000 per month from March 20, 2013; and KRW 30,003,00,00 per month; and

C. On April 30, 2014, the Plaintiff and the Defendant prepared a loan certificate (hereinafter “the loan certificate of this case”) with a settlement of transactions during the said period, and the Defendant paid KRW 70,000,000 to the Plaintiff by dividing the loan amount of KRW 10,000,000 ( KRW 10,000,000 as the loan of December 11, 2010, KRW 10,000 as the loan of KRW 30,000,000 as the loan of December 21, 2012, KRW 20,000,000 as the loan of March 25, 2013, at least KRW 50,000,000 as the interest rate of KRW 24% as the interest rate of KRW 10,000,000 as the loan of this case until April 30, 205, respectively.

From May 12, 2014 to February 2, 2015, the Defendant repaid KRW 2,600,000 of the interest on KRW 50,00,000, which was agreed upon as above, and repaid KRW 3,50,000 of the said principal amount, which was not agreed upon as interest on May 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 3 and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the defendant shall pay the plaintiff the remaining principal of the loan certificate of this case 66,50,000 won.

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