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(영문) 청주지방법원 2016.05.18 2015가단109096

구상금

Text

1. The Defendant’s KRW 57,619,696 for the Plaintiff and 5% per annum from September 16, 2015 to May 18, 2016.

Reasons

1. Determination as to the claim for agreed amount

A. The Plaintiff and the Defendant: (a) obtained a loan from the Plaintiff to the Defendant’s wife C by subrogation; and (b) agreed that the Defendant repaid the amount of subrogated payment and the interest on loan to the Plaintiff; (c) on September 28, 2010, the Plaintiff obtained a loan of KRW 45,00,000 from the Cheongju branch of the Chungcheongnamgin Agricultural Cooperatives under the said agreement, and repaid the loan of KRW 45,543,743 on behalf of the Plaintiff to the Korea Exchange Bank; and (d) the Plaintiff claimed interest only from January 201 to December 2014 from January 2011 to December 2014 in the instant case.

(1) The Plaintiff’s total of KRW 18,867,253 of KRW 20.20, KRW 20.30, KRW 20.30, KRW 20, KRW 20.35, KRW 20, KRW 20.35, KRW 205, KRW 20, KRW 20.35, KRW 205, KRW 20, KRW 205, KRW 200, KRW 350, KRW 205, KRW 205, KRW 20, KRW 350, KRW 350, KRW 20, KRW 205, KRW 20, KRW 200, KRW 320, KRW 350, KRW 350, KRW 250, KRW 20, KRW 350, KRW 250, KRW 25,201, KRW 30, May 25, 2010.

According to the above facts, the defendant is obligated to pay to the plaintiff KRW 57,870,996, which is the sum of KRW 45,543,743 and interest on loans of KRW 18,867,253, and interest on loans of KRW 64,410,96, and KRW 6,540,000, in accordance with the above agreement, unless there are special circumstances.

B. According to the reasoning of the lower judgment as to the Defendant’s defense (i.e., statement No. 1 and the entire pleadings), the Defendant’s defense of repayment is examined.