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(영문) 광주고등법원(전주) 2016.08.18 2015나1258

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff lent money to the Defendant through the Defendant or D’s deposit account from December 20, 2005 to December 2008.

B. Accordingly, on December 26, 2007, the Defendant made and made a notarial deed of each debt repayment contract (quasi-loan for consumption) to the Plaintiff that the Defendant bears the Plaintiff’s obligations to the Plaintiff amounting to KRW 240 million and KRW 160 million.

C. After that, on October 2, 2014, the Plaintiff, including the Defendant and the interest, was paid KRW 400,324,120, and the Plaintiff was paid KRW 130,000 among them, and drafted a written agreement on debt reduction for KRW 270,324,120.

On the other hand, on March 20, 2015, the Plaintiff, as the Jeonju District Court 2015Kadan814, issued a provisional attachment order against the Defendant regarding the Defendant’s claims for loans of KRW 160,100,000 against the Jeonju District Court as the Defendant’s claim for a provisional attachment. On May 13, 2015, the Plaintiff agreed with the Defendant as follows (hereinafter “instant agreement”).

Debt Amounting to KRW 160,100,000 (2015Kadan814) - The plaintiff shall reduce the debt amount to KRW 100,000.

- Out of KRW 100,000,000,000 out of the debt agreement amount of KRW 25,181,58 shall be paid out of C’s dividends of KRW 45,181,58,00,000,000,000,000,000,000,000,00,00

- 25,181,58 won to the defendant must be immediately deposited in the Embrypt church account (FF) in which the agreement has been accepted.

- The remainder of the agreement 80 million won shall be repaid up to December 30, 2016.

(Provided, That the intermediate payment shall be deposited until April 30, 2016). - Under this agreement, both parties do not raise any civil and criminal issue.

- In addition, since the Plaintiff did not hold any liability for the entire amount of the debt as soon as the agreement was reached and reduced, the provisional attachment (G, 2015Kadan814 et al.) is terminated immediately with respect to all claims provisional attachment.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and