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(영문) 서울남부지방법원 2019.09.26 2018나68801
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Interest on the date of loan 15, 200 4,00,000 on October 15, 2008 2% on November 17, 2008 3,500,200 3% on November 21, 2008 3,4% on December 3, 2008 4, 200 2% on December 3, 2008 3,000 2% on December 3, 2005 2% on December 3, 2000 5,00 5,00 6.6% on December 24, 200, 200 6: 50,000 on March 50, 200 7, 2000 ; 9.

A. The Plaintiff lent a total of KRW 30,620,000 to the Defendant without fixing the due date as indicated in the following table:

(hereinafter referred to as "loans") b. according to the sequence of each loan.

The Defendant paid the Plaintiff KRW 80,00,00 on October 15, 200 for interest on the first loan, KRW 80,00 on November 17, 2008, KRW 80,000 on December 15, 2008, and KRW 60,000 on November 17, 2008 for interest on the second loan, KRW 60,000 on November 22, 2008, KRW 80,000 on December 24, 200 on the third loan, and KRW 80,000 on November 24, 2008 for interest on the third loan, KRW 80,00 on December 22, 200 on the second loan, and KRW 80,00 on December 16, 200 on interest on the fourth loan.

C. From June 16, 2014, the Plaintiff urged the Defendant to pay each of the above loans.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of determination as to the cause of claim, the defendant has an agreement of 56,530,00 won (= interest of 5,200,00 won from January 15, 2009 to June 14, 2014=200,000 won x 2% per month x 65 months x 4,50,000 won per annum from January 17, 2009 to June 16, 2014 x 204,000 won per annum 3,50,000 won per annum x 20,000 won per annum from June 16, 2014 x 20,00 won per annum 3,500,000 x 20,000 x 6,000 won per annum 5,204, 205, 204, 206.

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