(영문) 서울고등법원 2017.12.07 2017나2006939

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(영문) 서울고등법원 2017.12.07 2017나2006939

약정금

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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. In the first instance trial, the Plaintiff claimed against the Defendant the amount of KRW 222 million agreed upon, and the amount of KRW 230 million invested, as well as damages for delay.

The first instance court partially accepted the plaintiff's claim, and ordered the plaintiff's claim for the agreed amount of KRW 265,561,643, and the late payment damages for KRW 198,000,000 among them, and the plaintiff's claim for the agreed amount of money for investment, and ordered the plaintiff to pay the agreed amount of KRW 120,000 and the late payment damages for this.

With regard to this, only the defendant filed an appeal against part of the part against which the defendant lost, and only the amount of KRW 198 million out of the plaintiff's claim for the agreed amount was appealed.

Therefore, the object of this Court's adjudication is limited to the scope of the amount of objection, and the part of the Plaintiff's claim for investment amount exceeding KRW 198 million among the Plaintiff's claim for agreed amount and the part of the Plaintiff's claim for investment amount was excluded from the scope of this Court'

2. Basic facts

A. On October 28, 2011, the Defendant prepared and delivered the loan certificate with the following content (hereinafter “instant loan certificate”) to the Plaintiff.

(2) The loan certificate of this case shall be "the loan certificate of this case" and the agreement between the original defendant shall be "the payment agreement of this case"). The loan certificate shall pay the interest of KRW 22,200,000,000 for the unpaid interest of KRW 198,000,000 for the unpaid interest of KRW 198,000 as at the end of March 2012. If payment is not made, the interest shall be paid monthly.

(6.2~6.7) Interest rate

B. The Defendant paid interest under the instant payment agreement from May 2012 to April 2013, 1200,000 won per month to the Plaintiff as interest under the instant payment agreement.

[Based on recognition] The evidence No. 2, Eul No. 9 (including each number, if any, if any; hereinafter the same shall apply), and the purport of the whole pleadings

3. According to the above facts of recognition as to the cause of the claim, the defendant of this case.

유사 판례

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