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(영문) 서울고등법원 2019.01.10 2018나9168
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

A. The Plaintiff and the Defendants paid KRW 600,000 to KRW 100,000 upon the settlement of accounts under the second agreement and the preparation of the receipt of this case. The principal amount of KRW 100,000 to KRW 20,000 was set off by the Defendants, but the Defendants still remains at the interest claim under the loan certificate of this case, even if the amount of KRW 100,000,000 to KRW 20,000 was set off by the Defendants.

The scope of the first and second agreements and the issuance of the receipt of this case did not include the above interest claims, and the Plaintiff did not explicitly exempt the Defendants from the above interest obligations.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the accrued interest amount of KRW 344,493,695, which is calculated as stated in the following table.

The formula for calculating the amount of accrued interest and interest for the plaintiff is some error in the calculation of the number of days and amount of time, but it is written without any clerical error as requested by the plaintiff.

* Total amount of interest of 428,493,695 won (i) ① From May 26, 2011 to September 16, 201 (i.e., 1,208) 238,290,410 won (=00,000 x 0.18 x 1,208/365) ② Interest of 306.4 billion won (i.e., the balance of 37,50,000 won) from September 17, 2014 to March 18, 2017 】 205.3 billion won (i.e., the principal amount of 206.7 billion won) 】 37,591,232 billion won (i.e., 370,000,0000 won) 】 1605 billion won (i.e., 206. 37, 2017

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