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(영문) 대전고등법원(청주) 2020.10.13 2019나3302

대여금

Text

Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which orders payment.

Reasons

1. Determination as to the claim against Defendant C

A. (1) The Defendant C borrowed a total of KRW 453,80,000 from the Plaintiff on a yearly interest rate of 10% from June 5, 2012 to July 15, 2015, using the D Association, Q Association, and R Bank accounts, etc. under Defendant B’s name, from June 5, 2012 to July 15, 2015. The details thereof are as follows.

1. The term “loan amount” in the list is as indicated;

(B) The Plaintiff (hereinafter “instant loan”). From July 31, 2012 to December 1, 2017, the Plaintiff received KRW 416,195,000 in total from Defendant C as repayment of the instant loan obligation. 【Ground for recognition” without any dispute, and evidence Nos. 1, 2, 3, 7, 24 (including a number of items with no separate indication; hereinafter the same shall apply)

(2) According to the above facts of recognition as stated in the evidence Nos. 2, 5, and 6, and the purport of the whole pleadings, Defendant C shall seek the plaintiff, except in extenuating circumstances.

1. As seen in the list of “non-performance” column, some loans did not include interest on the ground that payment was made within a short period after the loan and excluded the calculation of appropriation for performance.

The loan balance 117,268,756 won and the agreed interest or delay damages shall be paid.

B. Determination as to Defendant C’s defenses 1) In addition to the amount that the Plaintiff was paid, Defendant C also determined as to the Plaintiff; ① February 20, 2013; ② KRW 4,187,400 on September 3, 2013; ③ KRW 20,000 on November 13, 2014; ④ KRW 6,00,000 on March 30, 2015; ⑤ KRW 00,000 on September 5, 2015; ② KRW 20,000 on December 1, 2017; ② KRW 30,000 on September 20, 200 (Evidence evidence 20, KRW 30 on December 30, 200; ④ The portion of the account opened under Defendant C’s name (Evidence evidence 20, KRW 30 on September 30, 200 on December 6, 2017).