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(영문) 서울고등법원 2015.04.28 2014나2020149
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. On August 30, 200, 100, 5% on August 30, 2007, 190, 500,000 on September 30, 2007, and above 30,000 on December 30, 2007, the Plaintiff’s signature and seal on the loan No. 20,000,000 on February 29, 2008, 10,000, 6.30,000, and 6.0,000 or less on May 30, 208, 200, 30,000 or less on June 11, 2008, 200, 6.30,000 or less on June 30, 200, 209, 300 or more of the loan, respectively, and the Plaintiff’s signature and seal on June 30, 2009, 2009.

2. The parties' assertion

A. As above, between August 30, 2007 and May 31, 2009, the Plaintiff determined a sum of KRW 360,000,000 to the Defendant through C by 5% per interest month (However, the Plaintiff deducted some interest), and received a total of KRW 89,00,00 from the Defendant.

In addition, the Plaintiff received KRW 33,612,772 from the Defendant on January 4, 2010.

If the principal and interest of the Plaintiff’s loan to the Defendant is calculated within the scope of the limit of interest under the Interest Limitation Act, and the Plaintiff’s loan to the Defendant is appropriated for payment of KRW 33,612,772 from the Defendant as of January 4, 2010, there remain 300,548,410, and 71,903,888, for interest or delay delay damages. The Defendant is obligated to pay to the Plaintiff delayed payment damages from January 5, 2010 for the principal and interest of the loan as of January 4, 2010.

B. When borrowing money from Defendant C, the Defendant only prepared a certificate of loan stating the creditor’s name as the creditor who is given public interest or as ordered by C at the request of Defendant C, and the Plaintiff is the creditor of the loan.

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