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(영문) 서울고등법원 2019.05.23 2017나706
대여금
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) that was reduced by this Court and the Defendant’s claim against the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From December 29, 2006 to December 15, 2014, the Plaintiff appears to have dealt with a single loan claim between the original Defendant, such as remitting the interest accrued to the Plaintiff at the same time. As such, each loan that was lent on December 29, 2016 to Defendant C on September 28, 2007, and May 30, 2008 is deemed to have been treated as a single loan claim between the original Defendant, such as remitting the interest accrued to the Plaintiff. Accordingly, it is deemed that these loans were combined for convenience.

Loans on November 15, 201 and each of the following seals affixed on the date of lease are deemed to be “loan No. 23” for the same reason for convenience.

The loan amounting to KRW 1,88,00,000 per annum with interest rate of KRW 30% or 42% per annum (hereinafter this loan is collectively referred to as “each of the loans in this case”, and when each of the loans is referred to as “loans 1 to 33” according to the order of the lending date.

The agreed interest rate prescribed in each of the instant loans was either 25% to 30% per annum, which is the highest interest rate under the Interest Limitation Act at the time of the loan, or more.

From around that time to June 26, 2015, Defendant C repaid total of KRW 2,240,675,230 to the Plaintiff with its principal and interest at least 480 times.

The details of the above lending and repayment are as shown in attached Forms 1 through 516.

B. On July 22, 2015, the Plaintiff and the Defendants agreed that Defendant C’s borrower and Defendant B’s joint and several surety will make installment payments by calculating the remaining loans at KRW 400,000,000.

(hereinafter referred to as "the above agreement" is called "the agreement of this case", and the agreement amount accordingly is "the agreement of this case". The plaintiff and the defendants agree on the repayment of debts based on mutual trust as follows:

C. Foods

1. The Defendants decide to pay KRW 400,000,000, out of the borrowed money which had been borrowed from the Plaintiff, as prescribed in paragraph (2).

2. The amount of KRW 400,000,000 to be repaid shall be paid in installments for a period from August 31, 2015 to 36 months, and shall be paid in 11,00,000 each on the last day of each month and shall be the last one.

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