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(영문) 서울고등법원 2018.05.10 2017나2062847

대여금

Text

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

The defendant shall be KRW 350 million for the plaintiff and KRW 50 million for the plaintiff.

Reasons

1. In full view of the overall purport of the arguments in the statements in the evidence Nos. 1, 3-1, 4-1, 8-8, and 1 of the evidence Nos. 2-1, 3-1, and 1 of the evidence Nos. 2-1, the defendant borrowed a total of KRW 350 million from the plaintiff as follows, and on March 11, 2010, the defendant paid a total of KRW 8 million to the plaintiff's side, and the defendant paid a total of KRW 300,000 to the plaintiff's side and appropriated the loan Nos. 3 and 4 to pay interest from April 1, 2007 to July 31, 2007.

(1) The court below's decision on November 3, 2006 is delivered with the following documents: (a) the court below's decision on November 30, 2006: (b) the court below's decision on November 30, 2006 that the loan was made by the plaintiff's her her her her 's 's her 's 's 's 's 's 's 's 's 's 's 's 's 's ''' 's '' 's 's 's '' 's '' '' 's 's 's ''' 's '' '' '' ''' 's '' '' '' '' '' '' '' '' '' 's '.

2. Determination

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 350 million and KRW 50 million, whichever is later, from December 1, 2006, the date following the due date for repayment for KRW 100 million; from March 1, 2007, the date following the due date for repayment for KRW 100 million; from August 1, 2007, the interest for KRW 200,000,000, which began to be overdue; from August 1, 2007, the delivery of a copy of each complaint to October 11, 2017, which the Plaintiff seeks after the delivery of a copy of each complaint of this case; and from the next day to the date of full payment, 12% per annum under the agreement; and damages for delay calculated by 15% per annum

B. 1) Determination on the Defendant’s assertion 1) Extinctive prescription defense A) The Defendant borrowed money from the Plaintiff to operate a “H” under the name of Dong G and borrow money from the Plaintiff to operate a new business. In fact, the Defendant’s claim is a commercial bond and is exercised for five years.