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(영문) 부산고등법원 2015.01.15 2013나10826

구상금등

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to this part of the basic facts, the following facts are stated in the corresponding part of the judgment of the court of first instance, except for the cases where "Evidence Nos. 15, 19, 21, 26, 29, and 25, and Evidence No. 25," are added to the grounds for recognition, and this is cited in accordance with Article 420 of the Civil Procedure Act.

【Additional Fact-finding】 The Defendant paid only KRW 1,610,000 as a loan interest of KRW 130,00,000 on September 7, 201 (hereinafter “third loan obligation”) to the Plaintiff, the nominal owner of the loan, for KRW 20,151,048 from around that time to December 3, 2013. The Defendant paid only KRW 1,610,00 as a loan interest of KRW 3 months (from September 7, 2011 to December 8, 2011) on December 16, 201 and December 19, 2011.

Accordingly, on January 3, 2014, the Daiyang Livestock Cooperatives, the creditor of the collateral security, applied for a voluntary auction on the land of this case to the Changwon District Court (O), and received full repayment of the principal and interest of the third debt by receiving the total amount of KRW 129,985,170 on November 6, 2014 and KRW 17,749,207 on December 2, 2013 through November 6, 2014.

With respect to the debt amount of 440,00,000 won for the second loan to the smuggling Agricultural Cooperatives, Plaintiff B paid a total of 61,164,936 won, including the Defendant’s share of debt, until May 31, 2013, and the Defendant paid a total of 60,000 won for the principal amount of 120,000,000 won for the Defendant’s share of 60,000 won for the principal amount of 120,000,000 and interest 364,931 won for the interest from June 1, 2013 to July 10, 2013, Plaintiff B paid the remainder of 380,000,000 won for the principal amount of 380,000,000 won for the Plaintiff’s share of 60,000 won for the remainder of 10,000 won for the Defendant’s share of 201,301,25.81,25.