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(영문) 서울북부지방법원 2019.07.11 2018나2835
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the above revoked part is revoked.

Reasons

1. The Plaintiff: (a) on May 30, 200, 200 won to the Defendants; (b) on June 28, 2007, KRW 4,000,000; and (c) on November 21, 2007, KRW 1,000,000 on January 29, 2008; (b) on June 16, 2008, KRW 1,000,000; and (c) on June 4, 2008, KRW 30,000 on June 27, 200; and (d) on June 3, 208, KRW 30,00 on June 30, 200; and (d) on June 4, 200, KRW 200 on March 40, 200; and (e) on June 8, 201, Defendant 200.

“The” has drawn up and issued a cash custody certificate with the content thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, the purport of the whole pleadings

2. The parties' assertion

A. From May 30, 2007 to January 27, 2011, the Plaintiff asserted that the Plaintiff loaned KRW 309,225,000 to the Defendants a sum of KRW 4% per month, including the instant loan (hereinafter “instant promissory note”) (the Plaintiff borrowed KRW 3,00,000 from May 30, 2007 to August 30, 2007 (hereinafter “instant promissory note”).

) The Plaintiff asserts that the instant loan amounting to KRW 24,600,000, not total of KRW 24,480,000 (hereinafter referred to as the “instant loan ②”) is the loan amounting to KRW 24,60,000 claimed by the Plaintiff.

[) The Defendants paid KRW 12,710,00 in total as part of the interest (Total of KRW 5,050,000 per day interest) and KRW 282,025,00 in total as part of the principal amount.

Therefore, the Defendants are entitled to pay the Plaintiff the instant loan B, which is part of the principal amount of the unpaid loan (=309,225,000 won-282,025,000 won). Since the Defendants repaid KRW 7,700,000 among them, they seek payment of the remainder of KRW 16,90,000.

B. The Defendants asserted that they agreed to pay interest by borrowing money from the Plaintiff.

In addition, the defendants are also the defendants.

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