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(영문) 서울중앙지방법원 2015.06.09 2014나16233
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding KRW 9,771,039 shall be revoked.

Reasons

The reasoning for the court's explanation of this case is as stated in the corresponding part of the judgment of the court of first instance, except for the following cases, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. From the last 9th sentence to the second sentence of the judgment of the court of first instance, "the defendant shall bear the penalty for delay calculated at the rate of 0.002 per day from July 9, 2013 84,825,003 won [164,965,000 won x 2,571 days (from June 26, 2006 to July 9, 2013) x 200,000 won [the amount shall be calculated at the rate of 0.6,000 won per day from July 16, 201; 20.36,0000 won] x 5.6,0065 days per party's closing of argument x 20.630.6 days per day from 296.6.6 days per day from June 206.

From 11th to 20th to 11th to 11th to 11th to 20th to 11th to 20.

Therefore, the Plaintiff is obligated to pay the Defendant penalty for delay of KRW 10,69,629 [106,96,299 x (100%) and KRW 100 x (10%) and KRW 49,28,371 (598,00-10,69,69,629) of the loan principal of this case as KRW 59,629,00,00 of the loan principal of this case as KRW 10,69,629, and KRW 59,98,00,00 of the loan principal of this case as KRW 59,288,371 (59,98,000,000) and KRW 69,69,629) inasmuch as the Plaintiff is a bond with no fixed period of reimbursement, the Plaintiff’s repayment period is due on the 12th day of May 8, 2015, which stated the declaration of offset.

Therefore, the defendant's defense is justified within the above scope of recognition.

Nos. 12 through 13 of the judgment of the first instance court shall be followed as follows.

In addition to the instant loan, the Defendant received an intermediate payment from the National Bank of Korea (hereinafter “National Bank”), and the first instance co-defendant, the executor, pursuant to the instant contract for sale.

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