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(영문) 서울중앙지방법원 2018.05.04 2017나57938
어음금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. From December 29, 2006 to January 4, 2007, the Plaintiff lent KRW 650 million to the Defendant without an agreement on the interest rate and due date as follows:

(1) The loan amount of KRW 250 million on December 29, 2006 (1) KRW 250 million on January 2, 2007 (200 million on January 2, 2007). The loan amount of KRW 650 million on January 4, 2007 (20 million on January 4, 2007)

B. From March 8, 2007 to October 28, 2015, the Defendant paid to the Plaintiff a sum of KRW 33,200,000,000 as indicated in the “Appropriation Calculation Table” as indicated in attached Table 1, to the Plaintiff as the repayment for the instant loan. The Defendant, which was appropriated according to the order of statutory appropriation, recognized the obligation to pay interest at an interest rate of 5% per annum on the instant loan, thereby making legal appropriation in the order of the interest and principal accrued on such premise. As of October 28, 2015, the Defendant shall make legal appropriation in order of the interest and principal accrued on the premise.

On January 6, 2016, the Plaintiff and the Defendant agreed to pay KRW 450 million until January 31, 2016, when determining the sum of principal and interest to be paid by the Defendant in the future as KRW 1.455 billion, and KRW 1 billion until February 28, 2016 (hereinafter “instant agreement”).

On January 6, 2016, the Defendant issued to the Plaintiff a promissory note with a total face value of KRW 1.45 billion as indicated below:

(1) On January 6, 2016, 200, KRW 1.45 billion on January 6, 2016, KRW 1.1 billion on January 28, 2016, ② Promissory Notes 1.45 billion on February 28, 2016.

E. The defendant shall repay the agreed amount to the plaintiff.

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