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(영문) 서울북부지방법원 2019.11.05 2019나35269
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant 4,277.

Reasons

1. The scope of the judgment in this Court: (a) the interest calculated by the Plaintiff at the first instance court on August 9, 2018 at the rate of 34.9% per annum until January 31, 2015 (including interest at the rate of 34.9% per annum until January 31, 2015 on the outstanding principal amount = 9,686,152).

() The court of first instance claimed interest calculated at the rate of 34.9% per annum from February 1, 2015 to August 9, 2018 (11,910,357) and interest calculated at the rate of 27.9% per annum from August 10, 2018 to 34.9% per annum from February 1, 2015 to August 9, 2018; however, the court of first instance claimed interest calculated at the rate of 27.9% per annum from August 10, 2018 to 27.9% per annum from the date following the relevant transfer base date; on the Plaintiff’s claim, the court of first instance accepted only the interest calculated at the rate of 27.9% per annum from February 1, 2015 to the date of full payment; on this part of the judgment against the Plaintiff, through the grounds for appeal, the court of first instance dismissed the remainder of the interest from the above part to the date of transfer.

(However, the purport of the appeal is that the part against the plaintiff seeking revocation of the judgment of the court of first instance is KRW 6,66,467. This is different from the above interest amount of KRW 4,277,570, which is dissatisfied with the appellate brief, and the specific calculation details are not known. Thus, the appeal on the amount exceeding the above interest amount of KRW 4,277,570 is not separately determined and accepted).2. Basic facts on February 2.

A. On July 3, 2013, the Defendant entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) and received a loan of KRW 10 million from C (hereinafter “instant loan”).

(h) Amount applied for loan: 10 million won loan period: Interest rate of 60 months: 34.9% per annum (34.9% per annum on a deferred interest rate): Principal and interest equal, etc.

B. The remainder of the principal at the time of January 31, 2015 is KRW 9,686,152.

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