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Reasons
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(영문) 서울고등법원 2018.04.20 2017나2023453
대여금
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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. According to the purport of Gap evidence No. 1-1-4 and the whole pleadings, the plaintiff may recognize the fact that the plaintiff lent a total of KRW 400,000 to the defendant four times as follows.

The repayment of 3 million won per month (for loans made on January 22, 1998, from January 22, 1998 to August 100, 1998) of the loan repayment terms (for loans made on January 22, 1998, from August 1998 to August 1998) shall be made on December 10, 190,000,003 on December 15, 1998, 10,000,000 on December 10, 1998; and

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay to the plaintiff interest or delay damages at the rate of 16% per annum on the above loan amounting to KRW 400,000,000 and the agreement on the above loan amounting to KRW 16% per annum (it is reasonable to see that the agreement rate is 18% per annum, but the amount equivalent to the interest for five years on each above loan amounting to KRW 80,000,000 (=3,0000 x 60 months x 16,000,000 per annum).

B. On April 8, 2009, the Plaintiff settled the amount of KRW 700,00,000 with the Defendant (i.e., interest of KRW 581,50,000 with interest of KRW 118,50,000 with interest of KRW 118,50,000 with respect to the method of repayment, and the remainder shall be paid on April 20, 2009 with the payment of KRW 10,000 with the payment from 209 to 200,000 with the last day of August 6, 2009. Since the Defendant’s husband paid KRW 20,000 with interest of KRW 118,50,000 with KRW 81,500 with interest of KRW 50,500 with interest of KRW 80,500,500 with interest of KRW 500,500 with respect to the payment, the Defendant did not have any other obligation to pay the remainder of KRW 2005,5009.

However, on April 8, 2009, the remaining principal and interest of the loan, for which the plaintiff paid the amount to be repaid by the defendant, is claimed by the plaintiff.

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