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1. Of the judgment of the court of first instance, the part against the plaintiff falling under any of the following subparagraphs shall be revoked.
Reasons
1. The reasoning for the court’s explanation in this part is as stated in the judgment of the court of first instance, except for the case where “this court” is different from the corresponding part of the judgment of the court of first instance as “Dong Branch of the Busan District Court”. As such, this Court’s explanation is cited by the main text of
2. On July 21, 2008, the Plaintiff’s assertion ① partially repaid interest on the loan amounting to KRW 80 million based on the loan certificate (hereinafter “the first loan”).
② A loan of KRW 100 million based on the loan certificate dated October 28, 2008 (hereinafter “second loan”) and KRW 40 million based on the loan certificate dated December 28, 2008 (hereinafter “third loan”) were already repaid and extinguished, or at least KRW 60 million out of the second loan and KRW 40 million in total were repaid and extinguished.
Nevertheless, inasmuch as the Defendant applied for the instant payment order with the possession of the loan certificate and the said order became final and conclusive, the Defendant’s refusal of compulsory execution is limited to the remaining principal amount of KRW 80 million and the part exceeding some interest thereon.
3. Determination
A. The fact that the Defendant loaned KRW 80 million to the Plaintiff on July 21, 2008 at the maturity of 31 December 2009 and at 1.5% per interest month does not conflict between the parties.
The Plaintiff asserts that 16.8 million won was paid for 14 months interest on the above loan. As such, considering the purport of the entire pleadings in the statement No. 17, the Plaintiff’s repayment of 1.2 million won per month from August 2008 to August 2009, the Plaintiff may be recognized as having transferred the principal of 1.2 million won per month from August 2008 to 1.5 million won, and there is no other counter-proof. Thus, in relation to the first loan, the Plaintiff is 13,243,835 won per annum from July 21, 2008 to April 30, 2013 to 68,843,835 won, - interest on the principal of 8.6 million won per annum or per annum from May 1, 2013 to 18.