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(영문) 서울고등법원 2017.10.31 2016나2031143
근저당권말소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay from the plaintiff KRW 33,127,201 as well as from the plaintiff on March 2015.

Reasons

1. Basic facts

A. On December 17, 2008, the Plaintiff entered into a loan transaction contract with the Defendant who engages in credit business under the name of “C” (hereinafter “the first loan transaction contract”). On December 17, 2009, the Plaintiff agreed to settle the principal and interest of the first loan transaction contract by combining the loan amount of KRW 56,000,000,000 with the loan amount of KRW 36% per annum, interest rate of KRW 35% per annum, interest rate of overdue interest rate of KRW 49% per annum, and KRW 49 per annum. 2) On February 17, 2009, the Plaintiff entered into a loan transaction contract with the Defendant to set the loan amount of KRW 6,00,000 with the loan amount of KRW 6,00,00,000 with the loan amount of KRW 56,00 per annum, interest rate of KRW 36% per annum, interest rate of overdue interest of KRW 49,2010 (hereinafter “the loan contract”).

3) On December 30, 2009, the Plaintiff concluded a loan transaction agreement (hereinafter “third loan transaction agreement”) with a view to settling the principal and interest of the second loan transaction agreement by borrowing KRW 29,00,000,000 from the Defendant. The Plaintiff entered into a loan transaction agreement with a loan amount of KRW 85,00,000 and an additional loan under the second loan transaction agreement with an additional loan, with an annual interest rate of KRW 31.5% per annum, an overdue interest rate of KRW 49% per annum, and an overdue interest rate of KRW 31.5% on December 30, 2010 (hereinafter “third loan transaction agreement”). On February 25, 2010, the Plaintiff agreed to settle the principal and interest of the third loan transaction agreement with an additional loan under the third loan transaction agreement with an annual interest rate of KRW 930,00,000,000 and KRW 2531.4% per annum.

5) On January 5, 2012, when the Plaintiff borrowed additional KRW 39,00,000 from the Defendant, the Plaintiff agreed to settle the principal and interest of the loan under a four-dimensional loan transaction contract, with a view to settling the loan principal, 96,00,000 won per annum, 30% per annum, 39% per annum, overdue interest rate per annum, 39% per annum, and the loan period until the entire loan is repaid (hereinafter “5th loan transaction contract”).

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