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(영문) 서울북부지방법원 2019.09.26 2019나31076
대여금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In the first instance court’s judgment, the Plaintiff sought the payment of the amount stated in the purport of the claim. The first instance court rendered a judgment that “the Defendant shall pay to the Plaintiff 86,00,000 won with 5% interest per annum from February 1, 2017 to January 8, 2019, and 15% interest per annum from the next day to the day of full payment.” The Plaintiff’s remaining claims are dismissed.”

As to the judgment of the first instance, only the Plaintiff appealed against “47,00,000 won and the part claiming damages for delay calculated at the rate of 5% per annum from February 1, 2017 to the date the judgment of the appellate court of this case is rendered, and 15% per annum from the next day to the date of full payment,” the subject of the judgment of this court is limited to “47,000,000 won and the part claiming damages for delay calculated at the rate of 15% per annum from February 1, 2017 to the date the judgment of the appellate court of this case is rendered,” and the subject of the judgment of this court is limited to “the portion claiming damages for delay calculated at the rate of 47,00,

2. Basic facts

A. On July 24, 2016, the Defendant: (a) written a loan certificate stating that “I, on May 18, 2015, the Defendant borrowed KRW 93 million from the Plaintiff to the Plaintiff on May 18, 2015; (b) the maturity for principal: December 31, 2016; and (c) “I, on August 21, 2015, the Defendant borrowed KRW 20 million from the Plaintiff to the Plaintiff on August 21, 2015: “I: the due date for principal payment: October 30, 2016; and (d) I, “I, on May 17, 2016, the Defendant borrowed KRW 40 million from the Plaintiff to the Plaintiff on the date of borrowing the principal: the due date for principal payment: July 28, 2016, each of the instant loan certificates (hereinafter “each of the instant loan certificates”).

On January 7, 2017, the Defendant: (a) borrowed KRW 153 million from the Plaintiff’s obligee to the Defendant’s trust, but did not repay to the Plaintiff by the due date, the sum of KRW 93 million, KRW 40 million, KRW 20 million, KRW 153 million.

Although the promise to pay was made on several occasions, I did not comply with the promise until this day.

The debtor shall repay the principal and interest agreed by January 31, 2017.

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