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(영문) 서울고등법원 2016.04.28 2015나9907
대여금
Text

1. All incidental appeals by Plaintiff A and all appeals by the Defendant (Appointed Party) and the Counterclaim Plaintiff are dismissed.

2.In the trial, the trial shall be held.

Reasons

(1) In light of the aforementioned legal principles, the Defendant and the Selection-party F jointly and severally sought reimbursement of KRW 25,200,000 against the Plaintiff B, barring any special circumstance, inasmuch as the Defendant and the Selection-party F have been paid KRW 5,00,00 under the name of J on February 6, 2012, and KRW 5,00,00,000 under the name of J on March 10, 2012.

First of all, the repayment date of the second obligation is December 31, 201, and the interest until the repayment date is 3,600,000, and the interest rate is 3,600,000, and if the interest payment date of January 25, 201, which is the last lending date, is viewed as the starting point for the payment of interest, the interest rate is 12% per annum (the decimal point (the decimal point) and the interest rate is 37% per annum (the decimal point) if it is viewed as the starting point on September 5, 201, which is the time when the second letter of this case was drawn up.

In light of the above, it is reasonable to view that there was an agreement with 10% per annum regarding the second debt of this case, as alleged by Plaintiff B.

* The interest rate of KRW 30,00,000 on January 31, 2012: KRW 30,000,000, the remainder interest rate of KRW 1,600,000,000 which was appropriated prior to the repayment of KRW 3,60,000;* the remainder interest rate of KRW 1,90,000 on February 6, 2012; the remainder interest of KRW 1,60,000; the remainder of KRW 300,278 (= the principal amount of KRW 30,00,000 x one0 x one0 x 37666,00 per annum; hereinafter the same shall apply); the remainder of KRW 30,70,000; the remainder of the interest rate of KRW 30,360,000; the remainder of KRW 270,360,78,278,209; the remainder of the damages for delay; and the remainder of KRW 30630,379,279,200.

B. On the other hand, the defendant raised a defense to the effect that since the defendant repaid the total amount of KRW 65,700,000 in excess of the amount of debt before and after the preparation of the second written statement, all of the obligations of this case were extinguished.

However, as seen earlier, the parties to the second memorandum of this case are the parties.

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