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(영문) 춘천지방법원 2019.04.10 2018나1418
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 5, 2010, the Plaintiff: (a) determined the interest rate of KRW 2,730,00 on May 5, 201; (b) KRW 150,00 on May 6, 2010; and (c) KRW 2,850,00 on July 22, 2010; (d) KRW 950,000 on September 10, 201; and (e) KRW 1,900,00 on September 27, 2010; and (e) KRW 60,00 on December 27, 2010; and (e) KRW 1,50,00 on May 27, 201; and (e) KRW 4,000 on November 4, 200,000 on each of them.

B. The Defendant repaid to the Plaintiff the amount indicated on the date of repayment indicated in the attached Table of the performance statement, respectively, on the date of repayment.

【Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings】

2. Determination

A. The Plaintiff, which caused the claim, lent a total of KRW 16,680,00 (=2,730,000 KRW 150,850,000 KRW 950,000 KRW 1,900,000 KRW 2,600,500 KRW 1,500,000 KRW 4,000,000) to the Defendant, barring any special circumstances, and thus, the Defendant is liable to pay the Plaintiff interest and delay damages for the loan amounting to KRW 16,680,00,00, KRW 1500,000.

In addition to the above-mentioned loans, the Plaintiff alleged that he lent KRW 2,00,000 to the Defendant in cash on May 201, 201, and supplied the Defendant with cosmetics equivalent to KRW 1,06,00,000. However, it is insufficient to recognize the above only with the statement of No. 4, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion on this part is without merit.

Meanwhile, according to Article 2(1) of the Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); the interest rate applicable between the Plaintiff and the Defendant is 30% per annum.

B. The Defendant’s counterclaim of the Defendant’s counterclaim of the repayment that the Defendant repaid to the Plaintiff the amount indicated on the date indicated in the attached Table of the repayment performance, respectively, on the date indicated in the attached Table of the repayment performance, is as set out above, and the detailed statement of the repayment performance in detail is as indicated in the attached

The plaintiff is against the defendant.

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