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(영문) 부산고등법원 2018.11.29 2017나53388

청구이의

Text

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

Of the lawsuits against the plaintiff's primary claim, the defendant B is against the plaintiff.

Reasons

1. Basic facts

A. On October 12, 2009, the Plaintiff received a total of KRW 200 million from Defendant B, as indicated below, by June 1, 2011, including the receipt of KRW 200 million from Defendant B as the borrowed money.

[Payment Table] The loan interest rate delayed interest rate on the loan date is not in the nature of payment, and the loan interest rate is 10 million won per annum 12% per annum 12% per annum on October 12, 2010 on the loan date No. 124% per annum on October 12, 2009, and the loan amount is 1 in the same manner as above.

No. 120,00,00 on October 20, 200 ; 1/200 on loan 2; 30,000 on loan 2; 20,00 on loan 3; 124% on loan 20,00 on July 7, 2010 ; 10,000 on loan 3; 20.4% on loan 10,000 on March 5, 201 ; 30.4% on loan 20.4% on loan 20.4% on loan 20,00 on March 5, 201 ; 30.4% on loan 8.4% on loan 20.4% on loan 30,000 on June 30, 2010; 30.4% on loan 20,000 on loan 20,50% on loan 20% on loan 20.5% on loan 20% on June 20, 201010

12) 12. 16. 16. 55,825,00 (US$ 50,000) - - 150,00,000 on May 2, 2013 - 1% on May 2, 2012 - 1% on May 3, 2011 - 1% on May 3, 2015 - 30,000,00 on May 3, 2011 - 30,000 on May 3, 2011 - 15 - 30,000,000 - - June 5, 2016 - Aggregate 2,692,825,000

B. On January 9, 2012, the Plaintiff and Defendant B drafted a notarial deed as indicated below with respect to the borrowed loan obligations of 1 through 5, and the debt of 7, as indicated in the following “certificate of Notarial Deed,” and on January 2, 2012 at the notary E office, the principal amount of KRW 1 billion on January 2, 2012, and the due date for repayment. < Amended by Act No. 1290, Dec. 12, 2014>