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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 126,057,530 among the Plaintiff and KRW 38,815,790 among the Plaintiff, January 2012.
Reasons
1. As to the defendant's assertion that the plaintiff sought the performance of the obligation of the loan on the ground that he/she acquired the claim based on the loan agreement between the defendant and the social finance company of the Dongyangyang (the mutual name was changed to the social loan company of the Dong Yangyang, around August 23, 2010; hereinafter "Dong Yangyang") around January 31, 2004 between the defendant and the defendant on the ground that he/she acquired the claim based on the loan agreement of the defendant on January 31, 2004, while recognizing that the defendant prepared the loan agreement of the defendant on January 31, 2004, the above loan agreement was prepared in a form only at the request of the employee in charge of the Dong Yangyangyang Social Co., Ltd. for the improvement of performance, and argues that
2. Determination
A. On May 30, 2003, the Defendant received a loan with an interest rate of 19% per annum, interest rate of 29% per annum, interest rate of 55.9 million won per annum, 60 months of the loan period, and interest and interest in equal installments. On January 26, 2004, the amount in arrears with the maturity of the payment as of January 26, 2004 reached KRW 11,087,721 (the principal principal of the middle in which the maturity of the payment is not over 4,68,979 won) (the principal of the middle in which the maturity of the payment is not over) (44,68,979 won) as of May 30, 2003, the Defendant and the employees in charge of social affairs of the Dongyang set the rate of 56,459,166 won per annum, plus 25,765,7466,960 per annum, 201.
(2) On January 19, 2010, the Defendant filed an application with the Seoul Central District Court for an order to pay the principal and interest of the loan pursuant to the loan agreement of this case against the Defendant on January 19, 2010. The payment order issued on January 25, 2010 by the above court on February 1, 2010 is the order issued on February 1, 2010.