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(영문) 부산고등법원 2015.09.09 2014나7926

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff in relation to the parties is a creditor who lent money to C, and the defendant is the husband of C.

B. The Plaintiff was issued a loan certificate to C to the effect that the Plaintiff borrowed KRW 20 million prior to the several months from April 9, 2002, and thereafter borrowed KRW 25 million from April 9, 2002, and then borrowed KRW 25 million from C. The Plaintiff continued to borrow KRW 20 million on March 14, 2003, KRW 50 million on August 30, 2004, and KRW 145 million on October 14, 2004, respectively (hereinafter “each of the instant loans”).

2) Meanwhile, on June 20, 2006, the Plaintiff paid KRW 10 million out of the principal of each of the instant loans from C on June 20, 2006, and KRW 7.5 million on June 27, 2006, and the same year

7. 25.3 million won, 31.2 million won for the same month, 2.2 million won for January 4, 2007, 200 million won for the same year.

3. 30.2 million won, and the same year.

4. 30.2 million won, and the same year.

5. 30.21 million won, and the same year.

7.2.2.2.2.2 million won, 31.2 million won for the same month, and interest until December 31, 2005, respectively, were remitted from the Defendant as well as KRW 10 million on October 31, 2006.

C. On April 11, 2013, the Busan District Court ordered C and the Plaintiff to pay the remainder of the loans 135 million won (i.e., KRW 145 million - 10 million - 10 million - 2010 million - 2012 - 2019822) remaining after deducting 10 million from the loans of this case paid on June 20, 206 among the loans of this case (i.e., the loan of this case) and the lawsuit seeking additional loans, etc. (i.e., Busan District Court Decision 2012Gahap9822).

The remaining interest accrued on the date of repayment shall be the principal of the principal of the remainder of the interest accrued on the date of repayment. < Amended by Presidential Decree No. 19620, Jun. 27, 2006>