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(영문) 서울고등법원 2015.08.21 2014나37547
대여금반환
Text

1. Of the judgment of the court of first instance, the plaintiff shall lose with respect to the first preliminary claim corresponding to the amount ordered to be paid next.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter collectively referred to as “Plaintiffs,” collectively before and after the change to the Plaintiff on April 1, 2013; hereinafter collectively referred to as “the change to the Plaintiff”) concluded a monetary loan agreement setting forth and lending KRW 1 billion on March 24, 201 to B Co., Ltd. (hereinafter collectively referred to as “Defendant”) at KRW 20% per annum on June 23, 2011; KRW 8.5% per annum interest; and overdue interest at KRW 20% per annum; ② a monetary loan agreement setting the maturity period of KRW 1.5 billion on April 4, 2011 as the interest rate of KRW 30,600,500 per annum; and ② a monetary loan agreement setting the interest rate of KRW 8.5% per annum, and overdue interest rate of KRW 20% per annum.

(hereinafter referred to as “instant monetary loan agreement” in sequence, and collectively, “each of the instant monetary loan agreements”, and the said loans are “the instant loan” (hereinafter referred to as “instant loan”). B.

The repayment period of the instant loan has been extended several times since January 31, 2012, which was finally determined on February 29, 2012.

C. Of the instant loans, the Plaintiff received respectively reimbursement of KRW 1,432,394,013 as principal and interest KRW 29,726,027 (from March 1, 2012 to July 2, 2012), and KRW 300,369,238 as principal and interest KRW 6,142,390 as well as KRW 306,51,628 as principal and interest KRW 306,51,628 as of September 10, 2012 (from July 31, 2012 to August 31, 2012).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6 (including each number; hereinafter the same shall apply), Eul evidence 8, the purport of the whole pleadings

2. Judgment as to the main claim

A. 1) The Plaintiff claims against the Defendant for the principal amounting to KRW 767,236,749 (i.e., KRW 2.5 billion - KRW 1,432,394,013 - KRW 300,369,238), and interest amounting to KRW 8,975,619, and interest amounting to KRW 776,212,368, and delay damages amounting to KRW 250,000,000.

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