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(영문) 서울고등법원 2015.01.08 2014나31457

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Defendants are married with the Plaintiff, and Defendant C is between the Plaintiff’s wife D and the Nonparty’s relationship.

B. At the time of May 196, the Plaintiff set KRW 150,000,00 (hereinafter “instant loan”) as 2% per interest month to the Defendants, who were engaged in the bond business against the merchants of the large-scale market (hereinafter “the instant loan”).

C. Around April 1997, the Plaintiff, who did not pay interest, demanded the Defendants to repay the instant loan, and the Defendants, around June 1997, issued to the Plaintiff a registration certificate of the right to register one parcel, and requested the extension of the payment.

The Defendants paid a total of KRW 6,100,000,000 as indicated in the following table, as interest, to the Plaintiff from April 2003 to February 15, 2007, on the ground that there is no economic difficulty even after the Defendants, for reasons that it is difficult to do so.

6. 300,000 on April 1, 2003; 300,000 on March 8, 2004; 300,00 on May 8, 2004; 300,000 on June 11, 2003; 30,000 on May 24, 200; 30,000 on June 30, 204; 40.6. 30,6. 6. 30,6. 8, 200 on June 30, 200 on June 30, 200; 4,000 on August 30, 200, 200 on August 30, 2004; 7, 3005;

2. According to the above facts finding as to the cause of the claim, the defendants jointly and severally set forth the amount of KRW 150,000,000 for the loans of this case and the amount of interest and delay damages calculated by the ratio of 5% per annum from June 1, 1996 to October 7, 2013, which is the delivery date of a copy of the complaint of this case sought by the plaintiff, from June 1, 1996 to the date of the above lending, 130,150,684 [=150,00,00 x 00 x 0.05 x 0.05 x 17 x 129/365].