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(영문) 수원지방법원 2018.04.24 2017나63498
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The judgment on the cause of the claim does not specify the repayment period of the sum of KRW 10 million, which is KRW 2 million on March 21, 2002, KRW 1 million on August 7, 2002, KRW 200,000 on February 7, 2003, KRW 4 million on August 21, 2003, and KRW 10,000,000 on December 13, 203, KRW 200,000,000 on December 13, 203, and the interest is lent by the Defendant to the Plaintiff by March 7, 2008, and the fact that the Defendant paid interest on each of the above loans to the Plaintiff by March 7, 2008 does not conflict between the parties, or if the purport of the entire pleadings in the evidence No. 1 and No. 2 is added.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated by the rate of 2% per month from March 8, 2008 to the day of full payment, which is the day following the last day of payment of interest, to the Plaintiff.

2. Judgment on the defendant's defense

A. On March 7, 2008, the defendant first paid 7 million won out of the loan principal, and 3 million won of the loan principal on February 11, 2009, and on February 11, 2009, the interest accrued prior to February 11, 2009 also was claimed to have been repaid. Thus, the defendant paid interest on the loan of this case from around 2002 to March 7, 2008 to the plaintiff. However, on March 7, 2008, the defendant paid 7 million won to the plaintiff on the loan of this case, considering the following circumstances, the defendant issued money from the plaintiff each as to the loan of this case to the plaintiff, but the amount of the loan of this case to the plaintiff about 7 million won and the total amount of the loan of this case was 7 million won as stated on the loan of this case.

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