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(영문) 서울중앙지방법원 2017.12.15 2017나29698
대여금
Text

1. The first instance judgment, including the claims expanded and reduced in this Court, shall be amended as follows:

The defendant.

Reasons

1. Basic facts

A. On August 14, 2013, the Defendant prepared and delivered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff.

I confirm that B is liable for the obligee A to pay the amount set forth below to the obligee and to pay interest on the claim:

Amount: 30,000,000 won (30,000 won): The amount of KRW 600,000 per month (60,000 won per month): April 20, 2014 (15,000,000 won) March 20, 2014 (15,000,000 won)

B. The Defendant paid KRW 33.2 million in total from September 21, 2012 to December 30, 2014 as indicated below.

Serial 1. 201. 21. 2,00,00 2. 40. 8, 201. 20. 40,00 3. 250,00 4. 40,00 4. 250 4. 250,00 6. 250,00 6. 30. 29,000 6. 30. 40,00 7. 250,00 4. 20. 1. 1, 2013. 1,00 4. 1. 1,00 4. 1,00 6. 1,06. 25,00 3. 1,01,00 4. 20. 1,00 1,03

2. Determination

A. The gist of the parties’ assertion 1) The Plaintiff is obligated to pay the Plaintiff KRW 30 million and interest 24% per annum on the loan certificate of this case (monthly 2%). The Plaintiff exempted KRW 4 million from the principal of the bonds on December 30, 2014, and collected KRW 720,000 from the Defendant on April 24, 2017. The Defendant collected KRW 4 million from the Defendant on April 24, 2017, when the Defendant appropriated KRW 6,782,40,01 as of April 24, 2017 in the order of interest and principal payment, and KRW 720,00,000,000 as of KRW 6,782,40,052,873, KRW 9,835,274 as of April 24, 2017 to the Defendant on several occasions 2013.

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