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(영문) 서울고등법원 2017.07.20 2015나2071847

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim reduced in this court is all dismissed.

2...

Reasons

1. In the first instance trial, the Plaintiff jointly and severally claimed that the Defendants pay to the Plaintiff the amount of KRW 210,432,105 and KRW 161,638,01 per annum from July 18, 2014 to the date of full payment.

On November 13, 2015, the first instance court ordered the Defendants to pay “18,821,508 won and the amount calculated at the rate of 24% per annum from July 25, 2014 to the date of full payment.” On the other hand, the lower court sentenced the Defendants to dismiss their respective claims.

As to this, the Plaintiff and the Defendants appealed to the effect that their respective losing parts are revoked, and the Plaintiff sought payment of “96,738,508 won and the amount calculated at the rate of 24% per annum from July 25, 2014 to the date of full payment” from the fifth date of pleading in this Court. The Plaintiff reduced the purport of the claim.

Thus, the judgment of the court of first instance on the difference equivalent to the difference between the plaintiff's initial claim amount and the 161,638,01 won among them, calculated at the rate of 24% per annum from July 18, 2014 to the date of full payment after the date of full payment. The judgment of the court of first instance on the reduction portion becomes null and void as a matter of course, and is excluded from the scope of the judgment of the court of first instance.

Therefore, this Court is to judge only the recognition of the reduced claim amount.

2. Basic facts

A. The relationship D between the parties is the husband of the plaintiff, and E is the husband of the defendant B.

Defendant C is Defendant B and E’s husband, and F is Defendant B and E’s fraud.

B. The Plaintiff between the Plaintiff and the Defendants lent money to Defendant B at an annual interest rate exceeding 30% from May 22, 2008 to September 9, 2011, as shown in attached Table 1 Nos. 18 through 153, and the Defendant B loaned money from May 23, 2008 to August 29, 201. As indicated in attached Tables 19 through 176, the Plaintiff is from May 23, 2008 to August 29, 2013.