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(영문) 서울고등법원 2018.09.20 2018나2001139

약정금

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. The reasoning of the judgment of the court of first instance is as follows, and this court’s reasoning is identical to the reasoning of the judgment of the court of first instance, except where the Defendants added the judgment, especially as to DaNNN, as the ground for appeal, and this court’s reasoning is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

An abbreviationd name established in the judgment of the court of first instance shall be used as it is, and the attached Form of the judgment of the court of first instance shall not be deemed attached separately.

[Supplementary part] The part of the judgment of the court of first instance, the part of the "Plaintiffs" in the 6th and 7th of the judgment of the court of first instance, shall be added to each "Defendants".

Section 8 of the judgment of the first instance court, Section 4 of Section 9 of Section 9 of each Note "1. 20 on January 20, 2015" shall be applied to " April 20, 2015."

2. Additional determination as to the Defendants’ assertion in this Court

A. The part concerning the first loan 1) The summary of the Defendants’ assertion was leased KRW 50,00,000 out of KRW 100,000 from KRW 100,000 to KRW 50,000,00, and accordingly, 50% of the interest amount of the first loan from Plaintiff B has been paid. Therefore, Plaintiff B merely lent the first loan jointly with H, and thus, Plaintiff B may only claim for the part corresponding to 1/2 of the first loan against the Defendants. 2) The judgment was 10,00, and the testimony of Plaintiff B and H by the witness at the trial alone is insufficient to acknowledge the fact that Plaintiff B and H are co-principals of the first loan 1, and there is no other evidence to prove otherwise.

Rather, if the above basic facts, Gap evidence Nos. 9 and Eul evidence Nos. 7 (including each serial number), and the purport of the whole pleadings are added, defendant C created a right to collateral security on the real estate of this case only to the plaintiff B as security for the loan No. 1, and defendant C paid KRW 97,50,000 per annum for the total amount of KRW 39 months from February 16, 2010 to April 15, 2013, calculated by the agreement as to KRW 100,000 per annum for the loan principal from February 16, 2010 to April 15, 2013.