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(영문) 서울서부지방법원 2016.10.07 2016나33480
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the Plaintiff’s grounds for the Plaintiff’s claim, the Plaintiff loaned KRW 3,00,000 to B on March 9, 2015 (hereinafter “instant loan”) at a interest rate of 34.8% per annum, and extended a loan on condition that the Plaintiff shall repay KRW 107,000 per annum during the period from April 15, 2015 to 60 months. The Defendant jointly and severally guaranteed the Plaintiff’s obligation to the instant loan to the Plaintiff; B, from April 2015 to April 5, 2015, on the basis that most of the monthly agreed repayment of the instant loan from around KRW 3,00,000, interest rate of KRW 100,000 per annum; and on the basis of the fact that the Defendant paid KRW 307,71,710 per annum to the Plaintiff on October 5, 2015, the Defendant can recognize the Plaintiff’s obligation to repay the instant loan to the Plaintiff.

(B) On the other hand, the plaintiff's claim of this case is justified, and the decision of the court of first instance is justified, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition that the plaintiff's claim of this case is justified. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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