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(영문) 수원지방법원성남지원 2019.05.17 2018가합410939
대여금
Text

1. As to the Plaintiff KRW 600,000,000 and its KRW 280,000 among them, the Defendant shall pay to the Plaintiff KRW 30,000,000 from November 9, 2016.

Reasons

1. The defendant, with the indication of the claim, lent money by fixing the agreed interest rate of 2% per month as stated in the loan items as stated in the following table, and partly repaid money as stated in the above table. As of November 8, 2016, the remaining principal amount of KRW 600,000 and the debt balance of the defendant was KRW 845,00,000 as of November 8, 2016, and the debt principal was KRW 600,000 as of November 8, 2016. Accordingly, the plaintiff claimed interest at the rate of 24% per annum from November 9, 2016 only for the above 60,000,000,000 won.

From 24% interest per annum shall be claimed.

순번 날짜 차용금 변제 1 2016. 3. 18. 30,000,000 2 2016. 3. 23. 30,000,000 3 2016. 4. 29. 30,000,000 4 2016. 5. 11. 40,000,000 5 2016. 5. 23. 130,000,000 6 2016. 6. 1. 45,000,000 7 2016. 7. 1. 200,000,000 8 2016. 7. 4. 150,000,000 9 2016. 7. 5. 125,000,000 10 2016. 7. 5. 125,000,000 11 2016. 7. 6. 140,000,000 12 2016. 7. 18. 30,000,000 13 2016. 7. 19. 30,000,000 14 2016. 7. 29. 50,000,000 15 2016. 8. 11. 30,000,000 16 2016. 9. 1. 10,000,000 17 2016. 9. 5. 60,000,000 18 2016. 9. 12. 300,000,000 19 2016. 9. 12. 150,000,000 20 2016. 9. 13. 80,000,000 21 2016. 10. 7. 50,000,000 22 2016. 10. 7. 50,000,000 23 2016. 10. 21. 50,000,000 24 2016. 11. 7. 390,000,000 25 2016. 11. 8. 300,000,000 26 2017. 5. 29. 30,000,000 27 2018. 11. 29. 275,000,000 합계액 1,765,000,000 1,165,000,000 <표1> 대여금 목록

2. As to the items indicated in the table 14, 15, 17, 21, 22, and 23 of the Civil Procedure Act (the part indicated in the table 1) which shall be partially dismissed on March 3, 208, Article 208(3)3 of the applicable provisions of the Acts of this Act, there is no evidence to acknowledge an interest agreement of 2% per month, and there is no circumstance to deem that there was an agreement between the parties on the appropriation of obligation on the record.

Therefore, Article 477, Paragraph 2 of the Civil Code, Article 477, Paragraph 2 of the Civil Code, does not designate the obligation to be appropriated for repayment by the party concerned, as follows:

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