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(영문) 서울고등법원 2016.12.07 2015나2071908

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 7,50,000 of the principal of the loan that he acquired from C, and KRW 2,902,397 of the interest and KRW 20,453,835 of the principal of the loan that he acquired from C and KRW 20,453,835 of the principal of the loan that he acquired from C, and KRW 11,720,547 of the interest and KRW 11,720,547 of the principal of the loan that he acquired from D and KRW 10,834,00 of the goods that he acquired from E.

The court of first instance accepted ① the defendant’s defense of offsetting, and rejected the claim once, ② the part of the principal in the claim is partially accepted, ③ the part of the principal in the claim is wholly accepted, ③ the remainder of the claim, ② the part of the interest in the claim, and ④ the claim was dismissed.

Since only the defendant appealed against this, the subject of this Court's adjudication is limited to the claim(1) and (2) of each principal of the claim(3).

2. Basic facts

A. (i) The Defendant prepared and delivered written confirmations from August 23, 2006 and written confirmations from December 23, 2007, respectively, to C as follows.

㈎ 2006. 8. 23.자 확인서 [확인서] 2006. 3월경 F영농조합법인 전기료 등으로 C에게 750만 원을 세 번에 걸쳐 차용한 사실이 있으며 현재까지 변제 못하고 있으며 가을 수확기에 접어들어 공장이 가동하면 변제하기로 약속하며 2006. 10. 12.까지 변제할 것을 약속합니다.

자필인 : F영농조합법인 공장장 B (피고의 서명 있음) 공장 주소 : 전남 강진군 N ㈏ 2007. 12. 23.자 각서 [각서] G씨 채무금액 약 1억 3000만 원 중 5,900만 원은 F영농조합법인 양곡부도금액으로서 부도금액 5,900만 원을 차감하고 잔액 7,100만 원을 대신 변제할 것을 각서합니다.

Each person: B (Signature is signed by the defendant): O address: P, No. 402 of Ansan-si, Ansan-si, the complainant C and the defendant's complaint withdrawal, respectively, shall be written.