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(영문) 서울중앙지방법원 2018.04.20 2017나70993
소유권이전등기
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 reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows. The reasoning of the judgment of the court of first instance cited in the main sentence of Article 420 of the Civil Procedure Act is as follows, with the exception that “101,784,037 won” in the second sentence is “101,80,923 won.”

Comprehensively taking account of the purport of the Plaintiff’s oral argument No. 3, the Defendant, who was at the time, as the representative of Nonparty H, was recognized to have borrowed each of the above money from the Plaintiff to be used for solar power generation business funds in the above company, at the time of lending money to the Plaintiff and the Defendant. In addition, considering the fact that the Plaintiff is the representative director of F, it is reasonable to deem that the Plaintiff and the Defendant were each merchants at the time of lending money. Even if a loan for consumption was made between merchants, the lender may file a legal interest rate of 6% per annum. Thus, the Plaintiff’s claim against the Defendant is ultimately 80 million won and its interest rate of 6% per annum from September 19, 2014 to the date of paying the principal, 15 million won, 209 won per annum 96% per annum, 306% per annum, 209 to the date of paying the principal, 405% per annum 96% per annum, 209, 2098.

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