beta
(영문) 부산지방법원 2015.09.25 2015가단210626

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 21,255,341 as well as KRW 36% per annum from December 31, 2005 to June 29, 2007.

Reasons

1. Determination as to the claim against the defendant B

A. Under the overall purport of Gap evidence Nos. 1, 2, and 4, the plaintiff loaned money to the defendant Eul as follows. < Amended by Presidential Decree No. 17505, Sep. 1, 2005; Presidential Decree No. 17073, Dec. 31, 2005; Presidential Decree No. 17070, Aug. 16, 2005; Presidential Decree No. 17075, Sep. 10, 2005; Presidential Decree No. 17508, Feb. 30, 2005; Presidential Decree No. 17407, Dec. 31, 2005; Presidential Decree No. 19000, Sep. 10, 2005; Presidential Decree No. 18173, Dec. 31, 2005; Presidential Decree No. 18170, Dec. 4, 2005>

B. Determination 1) Defendant B, who is a statutory repayment of 47,00,00 won, designated to apply the loan to the Plaintiff for the repayment of any of 3 obligations with the intent of the Plaintiff, or there is no evidence to acknowledge that the Plaintiff, who is a repayment recipient, has appropriated the above money for the repayment of one of 3 obligations with the declaration of intent to the Defendant B. Thus, the above 47,00,000 won paid to the Plaintiff on December 30, 2005 shall be deemed to have been appropriated in accordance with the legal principles of appropriation of performance under Article 477, the Civil Act 20,702,465 won until August 16, 200, 207 x 305 won x 47.46.5 won, 205 won, x 22,702,465 won, 207, 306.5 won, x 207, 2005 won, 36.5 won

참조조문