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(영문) 부산지방법원 2016.12.16 2016나1554
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Determination as to the cause of claim

A. The plaintiff asserted on November 25, 2005 lent 29 million won to C at an interest rate of 2% (it seems that the plaintiff received 1 million won from C at the time of the above loan from the above 30 million won and thereafter lent 29 million won to the plaintiff). Since then C repaid 1.2 million won to the plaintiff for 18 months from December 23, 2005 to May 29, 2007, the plaintiff paid 5.8 million won interest (i.e., 29 million won x 0.0 million won x 0.02) after deducting the remaining repayment amount of 620 million won per month, the remaining repayment amount of 11,160,000 won per month (i.e., 620 million won x 1.8 months x 1.8 months) as the principal of the loan was appropriated to the loan principal, the remaining amount of 1.7 million won and remaining 1.08 million won.

The Plaintiff seeks payment of KRW 15 million out of the loan balance and interest or delay damages from November 25, 2005 to the Defendant who guaranteed the above loan debt against the Plaintiff.

B. According to the statement in Gap evidence No. 1 and the purport of Gap witness Eul's testimony and oral argument, the plaintiff lent 30 million won to C (the defendant's occupation is engaged in doctor's occupation) on November 25, 2005, with the introduction of the defendant, who is a convict of C, and the defendant paid 20 million won for 24 months as 1 million won and 20 million won as 24 months as 'the loan contract of this case' (hereinafter "the loan of this case"). The above 20 million won as 'the loan of this case 20 million won' and 10 million won as 'the loan of this case 10 million won', 20 million won as 'the loan of this case 10 million won as 2.5 million won as 'the loan of this case', 200 million won as 'the loan of this case' and 2.5 million won as 2 million won as 'the loan of this case' as 'the loan of this case'.

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