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(영문) 서울중앙지방법원 2017.10.25 2017나38111
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 18,241,478 and KRW 2,938,417 among the Plaintiff and the Plaintiff’s KRW 18,241,47 on November 18, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant did not pay the principal and interest of 3,00,000 won on October 13, 200 with the interest rate of 0.23% per day, delay damages rate of 0.3% per day, and with the interest rate of 0.3% per day, and did not pay the principal and interest of 0.3% each. On September 30, 2004, professional Leston loan corporation did not pay the principal and interest of 3,00,000 won. On February 22, 2014, professional Leston loan corporation did not pay the principal and interest of 3,00,000 won to the plaintiff on February 22, 2014, after transferring the above principal and interest of 3,000 won to the defendant, it can be acknowledged that the above principal and interest of 2,938,417 won per year were remaining.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of KRW 18,241,478 as of November 17, 2016 (i.e., KRW 2,938,417, KRW 15,303,061) and the principal amount of KRW 2,938,417, whichever is the following day of the above base date, within the scope of the above agreed interest rate and interest rate for delay from November 18, 2016 to the date of full payment.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the payment of the above money.

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