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(영문) 서울남부지방법원 2018.01.11 2017나55334
대여금등청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion

A. 1) The Plaintiff: (a) on December 24, 2004, 200 million won; (b) on January 12, 2005, KRW 5 million; (c) on February 7, 2005, KRW 5 million; (d) on June 26, 2006, KRW 5 million; (e) on June 27, 2006, KRW 7 million; and (e) on December 19, 2006, the Plaintiff loaned KRW 39 million to the Defendant at an interest rate of KRW 2.5 million; and (e) on July 2007, the Plaintiff received KRW 1 million from the Plaintiff at an interest rate of KRW 6 million; and (e) on July 1, 2005, the Plaintiff received KRW 600,000,000 from the borrowed bonds at an interest rate of KRW 1.5 million.2 million.

Accordingly, at the time of November 16, 2007, the Plaintiff’s loan claims amounting to KRW 5 million on June 27, 2006, KRW 7 million on October 27, 2006, KRW 19 million on December 19, 2006, and KRW 7 million on December 19, 2006, and the Defendant paid interest amounting to KRW 2% on February 17, 2009.

3) Around May 2009, the Defendant subscribed to one account for the additional payment of KRW 100,000,000 for the limit operated by the Plaintiff (10,000 for each unit, KRW 500,000 for each month, KRW 20,000 for each month, and KRW 100,000 for each month, and KRW 20,000 from the date of receipt of the fraternity. Around August 16, 2009, the Defendant decided to repay the Plaintiff’s loan obligations to the Plaintiff with the loans borrowed from February 27, 2009 for the principal of the loan obligations.

7. By December 26, 200, 190,000 won (19 million won x 2% per month x 5 months) interest rate of 2% per month was appropriated first for the repayment of principal, and the remainder of 8.1 million won was appropriated for the repayment of principal.

Accordingly, the Plaintiff’s loan claim remains as principal (=19 million won - 8.1 million won).

4 The defendant shall be on May 11, 201.

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