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(영문) 서울중앙지방법원 2015.02.05 2013나55750
대여금
Text

1. Of the judgment of the court of first instance, regarding the Plaintiff’s KRW 23,325,967 and KRW 16,229,034 among the judgment and the Defendant’s KRW 16,29,034, August 5, 2014.

Reasons

1. Determination on the cause of the claim

A. If Gap evidence Nos. 1-2 through 4-2 and part of Eul evidence Nos. 8-2 and 8-4, and the purport of the whole pleadings is added to Eul's testimony, the plaintiff loaned the above money to the defendant on December 8, 201 by means of remitting the above money to the defendant's children's account at the defendant's request on December 8, 201 and return KRW 1,000,000 as interest for the first month. At the time, the plaintiff and the defendant agreed to the repayment period of the above loan one month after the payment period of the loan and interest rate of 5% each month, and thereafter, it is recognized that the defendant paid KRW 8,00,000 on October 30, 201 and KRW D paid KRW 1,480,00 on August 4, 2014 to the plaintiff and repaid part of the above loan to the plaintiff.

B. Meanwhile, according to Articles 2(1), 3(4) and 3 of the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011; Act No. 110925, Oct. 26, 201; Act No. 12227, Jan. 14, 2014; Act No. 12220, Jun. 30, 2007; Act No. 2018, Jun. 30, 2007; Act No. 25376, Jun. 11, 2014; Act No. 25376, Oct. 26, 2011; Act No. 2020, Jan. 14, 2014; Act No. 2020, Jan. 14, 2011; Act No. 2020, Jan. 1, 2014>

In light of the above legal principles and the facts acknowledged as above, the health expenses for the remaining amount of the Plaintiff’s loan claims, and ① the Plaintiff first lent money to the Defendant on December 8, 201, and immediately thereafter.

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