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(영문) 대구지방법원 2017.04.19 2016나5779
대여금
Text

1. Of the part of the judgment of the court of first instance regarding the principal lawsuit, the Defendant (Counterclaim Plaintiff) who exceeds the following payment order.

Reasons

1. Determination on the main claim

A. 1) The plaintiff's assertion as to the cause of claim 1) The plaintiff's assertion 3,00,000 won on June 5, 2009, and 1,300,000 won on January 11, 2010, and 6,300,000 won on June 5, 2010.

If the principal and interest of each of the above loans is appropriated to the Defendant’s total amount of KRW 4,90,000 (However, the portion paid in excess of 30% per annum pursuant to the Interest Limitation Act shall be appropriated to the principal), and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30% per annum from December 1, 2012 to the date of full payment with respect to the remainder of KRW 5,734,203, and the remainder of the loan principal and interest.

B) The Defendant alleged that the Plaintiff borrowed KRW 2,00,00 on August 11, 200, and KRW 1,000,000 on September 11, 2009, and KRW 3,000,000 on each of the above loan principal and interest to the Plaintiff. The Defendant did not lend KRW 2,00,000 to the Defendant on June 5, 2010, through the preparatory documents dated November 23, 2015, and the Plaintiff stated that “No KRW 1-2,00,00,000 on each of the above loan was 1-6,000,000,000 on each of the above loan was 1-6,000,000,000 on each of the above loan was 1-6,000,000,000 on each of the above loan. However, the Defendant’s assertion that there was no other evidence on June 5, 2009, 2005.

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