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(영문) 서울고등법원 2017.09.19 2017나2014558
대여금
Text

1. Order 1 and 2 of the first instance judgment are modified as follows. A.

The defendants are jointly and severally liable to the plaintiff 153,481.

Reasons

1. The reasoning of the judgment of the court of first instance: ① Defendant is jointly and severally liable for payment of KRW 300,00,000 and KRW 200 per annum from July 1, 2014 to July 14, 2014; ② Defendant is jointly and severally liable for payment of KRW 300,000 to KRW 25% per annum from the following day to the date of full payment; ② Defendant is jointly and severally liable for payment of KRW 30,00,000 and KRW 20,000 per annum from 20,000 to 30,000, and KRW 20,000 per annum from July 1, 2014 to the date of full payment; ② Defendant is obligated to pay KRW 16,50 per annum from the revised interest rate of KRW 20 to KRW 30,50 per annum under the Civil Procedure Act; and ② Defendant is obligated to pay damages for delay calculated with the annual interest rate of KRW 16,014.5 per annum.

[2] Since the amount exceeds 30,811,644 won (=37,50,000 won - 6,688,356 won) should be appropriated for the principal. Therefore, the amount of the principal of the first loan of this case is KRW 269,18,356 (=300,000,000).

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