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(영문) 대전지방법원 2019.04.24 2018나104250
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

The reasoning for this court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except for the cases of dismissal or addition under paragraph (2) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. Of the reasoning of the judgment of the court of first instance, the part to be dismissed or added is as follows.

“The Plaintiff agreed to pay 5% interest per month to Defendant B from March 9, 2012 to June 11, 2013, to pay 380,180,000 won as interest, and Defendant C guaranteed the Plaintiff’s obligation to the Plaintiff. On June 11, 2013, the Plaintiff exempted the Defendants from part of interest accrued until June 11, 2013, and agreed to confirm the principal amount as KRW 40,000,00 per month, and reduce the 5% interest per month. If Defendant B paid money to the Plaintiff after the settlement of this case by calculating the interest rate and delay damages at the rate of 30% per annum of interest rate under the Interest Limitation Act, the Plaintiff’s obligation to pay damages for delay to the Plaintiff is jointly and severally with the Defendants as follows.

“1) In the absence of dispute, if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1, 2, and 9, the following facts are recognized. (A) The plaintiff loaned to defendant B, (1) on March 9, 2012, KRW 100 million (pre-paid interest deduction of KRW 26 million), March 15, 2012, the due date for payment was determined as March 15, 2012, KRW 100 million (pre-paid interest deduction of KRW 10 million), and the due date for payment on July 12, 2012 was determined as December 13, 2012 and lent KRW 10 million (credit of KRW 6 million with pre-paid interest and credit of KRW 6 million) to the plaintiff, respectively.

(2) On March 20, 2013, loans worth KRW 14 million and KRW 10 million on June 7, 2013 were granted respectively.

3. 30 million won to E’s account around June 2013.

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