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(영문) 인천지방법원 2018.08.31 2017나57533
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff did not specify the interest rate of KRW 5 million on November 15, 201 and KRW 5 million on February 10, 201, and KRW 2.5% on February 10, 2012, and KRW 5 million on May 7, 2012, and did not specify the interest rate of KRW 5% on May 7, 201, and KRW 10 million on May 31, 201, and KRW 5% on July 31, 2012, and KRW 6% on July 31, 201, and KRW 7% on July 5, 201 and KRW 6% on July 31, 201, and KRW 6% on July 5, 2015 and KRW 6% on May 16, 2013, respectively.

(2) Defendant D’s debt Nos. 4, 6, and 6 were jointly and severally guaranteed.

3) As between December 23, 2013 and February 28, 2015, the Plaintiff was paid KRW 4,1250,000 from the Defendants to February 28, 2015. Accordingly, the Plaintiff is obligated to pay the Plaintiff a total of KRW 41,164,958 (interest of KRW 19,750,00,000) and damages for delay thereof, Defendant B is jointly and severally with Defendant B, and Defendant D is jointly and severally liable to pay interest of KRW 2,630,136 and KRW 1,538,00,000 from April 17, 2013 to December 31, 2013; and

B. Defendant B’s assertion 1) Although there was a loan from the Plaintiff as set forth in Nos. 1, 2, 3, 4, 5, 7, and 8, Defendant B repaid all of the loan, Defendant B did not borrow as set forth in No. 6 and 9.

(6) There is a fact that a loan certificate has been prepared with respect to the sequences and 9, but the interest accrued from the previous loan obligation by coercion of the plaintiff shall be the principal and a new loan certificate.

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