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(영문) 서울고등법원 2018.09.19 2017나2051199 (1)
약정금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 167,072,146 and KRW 78,572,146 among them.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a partial change in the conclusion, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters modified;

(a) No. 2.b. reasons for the judgment of the court of first instance;

2) Paragraph 2 of the same Article is amended as follows: (a) existence of the obligation to pay interest and the contents thereof are acknowledged prior to the existence of the obligation to pay the interest; (b) as a result of the examination of partial principal against the Defendant of this court; and (c) the Defendant agreed to pay interest on the first loan to the Plaintiff on February 6, 2014; (d) the Plaintiff and the Defendant agreed to pay interest rate of KRW 20% per annum on September 30, 2014. Accordingly, the Defendant is not obliged to pay the Plaintiff the interest or delay damages calculated at the rate of KRW 70 billion per annum from February 7, 2014 to KRW 74,000,000,000,0000,000,000 won per annum 1.5 billion won per annum from February 7, 2014; and (e) the Defendant is not obliged to pay the Plaintiff the interest or delay damages calculated at the rate of KRW 1.5 billion per annum 165 billion from the date following the establishment of the interest agreement.

B. Paragraph 3. Of the reasons for the judgment of the court of first instance, amendments to Paragraph 3.

"(2) concerning claims relating to the second and third loans."

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