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(영문) 서울북부지방법원 2016.03.18 2015나4182
대여금
Text

1. The part of the judgment of the court of first instance against the defendant ordering payment in excess of the following money shall be cancelled:

Reasons

1. The Plaintiff’s assertion of the parties sought payment of KRW 5,00,000, which is a part of the loans lent to the Defendant from March 8, 2013, and damages for delay. The Defendant asserts that the remaining debt amount is merely KRW 1,420,000 (see the table and the attached sheet). The Plaintiff’s assertion is the 130,000,000, which is paid to the Defendant on January 25, 2013.

400,000 won paid to the Defendant on February 6, 2013 by the Defendant on separate loans and having paid 410,000 won, including interest on February 27, 2013, is irrelevant to this case.

The actual tax amount of KRW 530,00 is all loans.

On March 8, 2013, the actual tax amount of KRW 600,000, KRW 600,000 on March 11, 2013, and KRW 2,400,000 on March 31, 2013, and KRW 6,400,750 on July 1, 2013.

The actual loan is KRW 3,400,000, total of KRW 600,000 on March 11, 2013 and KRW 2,800,00 on July 1, 2013.

The actual tax amount of KRW 1,200,000 on May 27, 2013, and KRW 150,000 on September 27, 2013, were paid respectively by the Defendant.

The actual tax amount is 450,000 won, including 50,000 won received from the defendant on July 26, 2013, which was received from October 29, 2013 to July 26, 2014 (=9 x 50,000 won), which was paid by the defendant, without any interest agreement that the defendant bears a cash service fee, it is paid as a cash service fee.

The actual contents of all loans of KRW 3,930,000 ($530,000-3,400,000) shall be as follows:

(No. 1, No. 2015 and no. 23, 2016). (1) Of the judgment of the first instance court of 70,000 won that was calculated by mistake, the argument that the sum of the 70,000 won in the judgment of the first instance is 130,00 won + 400,000 won + 600,000 won + 1170,00 won even though the cause of the judgment of the first instance is 130,00 won, and thus, the additional amount of KRW 70,00 should be considered as the additional amount of repayment.

+② 2013. 2. 7. 50,000원+③ 2013. 2. 27. 410,000원+④ 2013. 5. 27. 1,200,000원+⑤ 2013. 5. 27. 200,000원+⑥ 2013. 8. 30. 50,000원+⑦ 2013. 9. 27. 150,000원+⑧ 2013. 10. 29. 50,000원+⑨ 2013. 11. 28. 50,000원+⑩...

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