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(영문) 전주지방법원 군산지원 2018.09.04 2017가단52656
채무부존재확인
Text

1. An agreement between the Plaintiff A and the Defendant on loans of KRW 100,000,000, written on July 6, 2016, and a written agreement between the Plaintiff A and the Defendant on July 7, 2016.

Reasons

In light of the above facts, the Plaintiff’s assertion is not accepted. In light of the above facts, notwithstanding the instant agreement, Articles 1 and 2 authentic deeds, the Plaintiff’s obligation to repay to the Defendant ought to be deemed to have been KRW 80,000,000,000,000. However, as in the basic facts, it is evident that the Plaintiff paid the Defendant a total of KRW 55,000,000 to the Defendant, and there is no evidence to deem that the said money is separate from the obligation under each of the above documents, and it is reasonable to view it as the repayment of the obligation (principal principal amount of KRW 80,00,000) under each of the above documents (the Defendant received on February 25, 2017). However, there is no evidence to acknowledge it.

) Based on this, it is as follows: * Principal: 80 million won at the time of applying interest rate: Interest rate on August 20, 2016: 15% per annum (15% per annum (80,000,000 won on September 6, 2016 x 15/100 x 15/100 x 17/365 (one day from August 20, 2016 to September 17, 2016) = 58,90 won (interest, hereinafter the same shall apply) per annum.

(4) 5,00,00 - 58,90 won = 4,41,00 won - 80,000 won - 4,41,100 won = 75,58,900 won (the principal) ? 75,58,900 won x 15/100 x 160 x 13/365 (96.13 days from September 7, 2016 to September 19, 2016) ? 606. - 3605 won (the principal amount = 403,670,670 - 404,670,595 - 9636. 50 won = 5,660,660,00 won (the principal amount) x 9606.16 days) x 606 days (the interest rate of KRW 403,670,5396,7500

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