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(영문) 광주고등법원(전주) 2020.05.14 2019나12645
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, the Seoul District Court against the Defendant’s Plaintiff.

Reasons

1. The grounds for this Court’s recognition are as follows: (a) the corresponding part of the grounds for the judgment of the first instance (from 2, 10 to 4, 18 of the judgment of the first instance) is the same, except for the parts written by the court as follows; and (b) thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure

◎ 제1심 판결 3면 4행부터 8행까지를 아래와 같이 고쳐 쓴다.

“The Defendant loaned 19 million won in total to the Plaintiff on February 27, 2007 and February 28, 2007 with interest rate of 24% per annum. Since the Plaintiff is the last holder of the two promissory notes, the Plaintiff applied for the payment order from February 28, 2007 to 207,00,000 won in total, and from 30,000,000 won in total, 24% per annum from February 28, 2007 to 30,000 in total, 49,00,000 won in total, from July 13, 2007 to 30,000 in total, from the date of payment to the date of delivery of the authentic copy of the payment order, 24,49,000,0000 won in total, to 20,0000 won in total and 20,000 won in total, from the date following the payment order to 28,28% per annum.

(i) "";

2. The purport of the Plaintiff’s assertion is as stated in the corresponding part of the reasoning of the judgment of the court of first instance (Article 420 of the Civil Procedure Act), except for the following parts written by the court, and thus, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

◎ 제1심 판결 6면 8행부터 12행까지를 아래와 같이 고쳐 쓴다.

“B) In relation to the instant loan claim, E repaid the Defendant a total of KRW 110 million,00,000,000 to the Defendant in relation to the instant loan, and the said repayment was not set at the interest rate or the due date for payment for the instant loan.

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