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(영문) 서울중앙지방법원 2017.10.20 2017나17312
대여금
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

1. As to the principal lawsuit

A. Determination as to the cause of the claim 1) Each entry in the evidence Nos. 1 and 2 (including each number), and the purport of the entire pleadings, are acknowledged as follows. The Defendant entered into a credit card use contract with the Plaintiff on August 21, 2008. The Defendant entered into a loan contract with the Plaintiff on November 13, 2015, whose principal is the loan principal. The Defendant entered into the said contract with the Plaintiff on November 13, 2015. The loans under the said contract amounting to KRW 21,66,00 (i.e., the existing principal amount of KRW 20,900,000 and the interest rate of KRW 20,90,000 for the existing principal amount of KRW 19.5% per annum, and the delay damages rate of KRW 28% per annum (hereinafter referred to as “the instant loan contract”).

(2) As of March 5, 2016, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the agreed rate of 28% per annum from March 5, 2016 to the date of full payment, as to the balance of the principal and interest under the instant loan agreement (i.e., principal and interest KRW 22,304,804,865) and damages for delay (i.e., interest KRW 1,49,549). (ii) According to the above recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the agreed rate of 22,304,414, and the principal and interest of KRW 20,804,865, which are the following day of the above basic date.

3) Since there is no evidence to acknowledge the existence of the part exceeding the above recognition scope among the claims in the principal claim in this case, the plaintiff's assertion as to the above excess portion in the principal claim is without merit. (b) The defendant's defense 1) is a defense that the plaintiff paid the plaintiff KRW 450,000 on November 13, 2015, and KRW 556,00 on December 29, 2015, and the defendant paid the plaintiff KRW 56,000 on December 29, 2015, and there is no dispute between the parties who paid the above money to the plaintiff on the above date, but the fact that the defendant paid the plaintiff the above money on the above date does not exist between the parties, taking full account of the whole purport of the arguments in the statement in the evidence No. 1-2, No. 2-1, and No. 1-3 of the evidence No. 1, 2000 on November 13, 2015.

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