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(영문) 창원지방법원 2021.02.05 2020나1039
대여금
Text

Of the judgment of the court of first instance, as to KRW 58,70,000 and KRW 20,000,000 among the judgment of the court of first instance against the plaintiff, from September 26, 2020.

Reasons

1. Basic facts

A. On January 24, 2006, the Plaintiff paid 1.5% of interest (30,000 won per month, monthly payment) and 1.5% of the principal of the instant loan (hereinafter “the instant loan”). B. The Defendant included 3.5% on July 27, 2006 to November 1, 206, 106 to 3.5% on April 1, 2006, 206; 10.5% on May 8, 2006; 206; 1.5% on April 1, 2006 to 20, 2006; 1.5% on April 1, 2006; 206 to 3.5% on July 20, 201, respectively; 106 to 3.5% on August 7, 2006;

Each entry of evidence of Nos. 3, 4, and 6, and the purport of the whole pleadings.

2. According to the facts found in the judgment as to the cause of the claim, the defendant shall, unless there are special circumstances, appropriate the plaintiff the amount of principal 20,000,00 won of the loan principal of this case, and the amount of expenses and interest for one or more obligations, if the person performing the obligation has paid one or more obligations, the payment has to be made in the order of expenses, interest, and principal (Article 479(1) of the Civil Act). The interest or delayed interest calculated at the rate of 1.5% of the principal of the loan of this case from January 24, 2006 to September 25, 2020, calculated at the rate of 1.5% of the agreed interest or delayed interest rate of 30,000,000 won (= monthly 300,000,000 won x 176 months x 308,700,708,207,2008,000 won).

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