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(영문) 서울동부지방법원 2019.02.15 2017가단137980
대여금
Text

1. The defendant shall pay to the plaintiff KRW 352,546,760 and KRW 60,000 among them, up to the date of full payment on October 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff, upon setting the interest rate of KRW 1.5 million on July 5, 2002, paid KRW 47 million to the Defendant at 2% per month after deducting the interest rate of KRW 3,00,000,000,000 from the prior interest (which paid KRW 20 million on July 4, 2002), and ② on October 23, 2002, upon setting the interest rate of KRW 230,000 from October 23, 2002, the Plaintiff loaned KRW 28,40,000,000 from the interest rate of KRW 1,000 per month and KRW 1,00,000 for the above loan; ③ on March 17, 2003, the Plaintiff leased KRW 20,000 to the Defendant on February 31, 201, respectively.

(See Evidence A 9) The interest on the loan was reduced to 1.5% per month from February 5, 2003.

B. With respect to each of the above loans to the Plaintiff, the Defendant remitted each of the above loans amounting to KRW 1.6 million on November 23, 2002, KRW 1.6 million on December 27, 2002, KRW 250,000 on January 29, 2003, KRW 1350,000 on February 28, 2003, KRW 1350,000 on March 27, 2003, KRW 60,000 on April 18, 2003, KRW 1350,000 on May 6, 200, and KRW 2.5 million on July 23, 200, KRW 50,000 on the interest accrued until June 4, 203, KRW 200 on the loan, respectively, to the Plaintiff up to 36,203.63

(See evidence No. 9) The content of appropriation is appropriated to interest or overdue interest, and both the method and order of appropriation are justified.

C. As to each of the above loans to the Plaintiff, the Defendant paid KRW 15 million on April 24, 2009, KRW 19,000 on August 19, 2009, KRW 5 million on April 30, 2010, KRW 17,000 on June 17, 201, KRW 10,000 on March 24, 2012, KRW 600,000 on June 29, 201, and KRW 14 million on October 14, 2016.

The details and the balance of each of the above amounts appropriated by law for each of the loans of this case under Articles 477 and 479 of the Civil Act are as shown in the attached Table.

Of the details of the application for appropriation of the attached Table, the amount of KRW 14.95 million on April 24, 2009 shall be KRW 15 million.

In this case, the overdue interest in the loan ① KRW 50,000.

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