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(영문) 서울서부지방법원 2019.05.31 2017가단209979
대여금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. The Plaintiff lent money to the Defendant four times as indicated below.

[Attachment] On September 18, 200, 200, 100, 25% (250,000 won) on May 18, 2003, the Plaintiff, other than the loan of this case, filed a lawsuit against the Defendant seeking a loan of 10,000,000 won as the court 2014Gada13966, and damages for delay thereof. However, the appellate court (court 2015Na14737) decided that “the Plaintiff was paid 8,00,000,000 won from the Defendant on November 20, 200 (the loan of this case of this case of 10,000,000 won) on the loan of this case after deducting the entire amount of the loan of this case from the loan of this case of this case of loan of 10,000,000 won on November 1, 2013.”

2. The fact that ① the sum of the amounts of the instant loans (prepaid interest of KRW 300,000,000) from November 17, 2003 to December 3, 2000 (one hundred and fifty thousand won (one hundred and fifty thousand won (one hundred and fifty thousand won)) of the amount of the instant loans (one hundred and fifty percent (one hundred and fifty thousand won (one hundred and fifty thousand won)) from the first class of the instant loans (one hundred and fifty five hundred won) to the third class of the amount of the instant loans.

2. The plaintiff's principal lawsuit and summary of the defendant's counterclaim

(a) KRW 9,700,00, KRW 4,850,000, KRW 2,910,000, which deducts interest on the principal of the lawsuit, are the principal of the instant case ①, ②, and ③ leased principal.

Since the Defendant paid 300,000 won interest on the loans on December 9, 2003, the Defendant last paid 1,020,000 won on October 28, 2014.

As of October 28, 2014, the unpaid principal amount is KRW 17,451,00 and the interest balance is KRW 29,612,335.

Therefore, the defendant shall pay to the plaintiff interest in arrears for KRW 47,063,35 (=17,451,000 won) and KRW 17,451,00 among them from November 20, 201 to the date of full payment.

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