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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On July 7, 2011, the Plaintiff leased money to the Defendant over several occasions from July 7, 2011 to July 20, 2012 (hereinafter “instant lending period”) and was drafted and delivered respectively by the Defendant with a loan certificate, a performance note, etc. (hereinafter “each of the instant lending certificates, etc.”).
B. On July 20, 2012, the Defendant: “The Defendant received KRW 120,000,000 from the Plaintiff during the instant loan period in cash and the Defendant’s account; and paid interest calculated at the rate of 30% per annum to the Plaintiff.
“The loan certificate and the statement of performance (hereinafter “the instant loan” or “the instant loan” was made on July 20, 2012). (c) The Defendant remitted each amount written in the column of “payment” as indicated in the attached Table “the date of repayment” to the Plaintiff on each of the following dates:
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 7 through 18, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination of the parties' arguments
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a total of KRW 201,00,000 [the leased principal = KRW 81,00,000,000 [the interest rate of KRW 120,000,000 on the leased principal [the interest rate of KRW 81,172,602 calculated at the rate of 30% per annum from July 20, 2012 to October 20, 2014] and the interest rate of KRW 120,000,000 calculated as the rate of KRW 30 per annum from July 20, 2014] and the interest rate of KRW 123/365, and delay damages calculated as the rate of KRW 30,00 per annum from 30,000 following the day on which the Plaintiff seeks to pay the Plaintiff a copy of the complaint from 30,000.
B. The defendant's assertion is alleged to revoke his/her declaration of intention by coercion 1.