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(영문) 부산지방법원 2016.12.16 2015나8794

대여금

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part concerning the Defendant-Counterclaim Plaintiff C’s claim for cancellation of the right to collateral security is revoked.

Reasons

1. As to the Plaintiff’s principal claim, the scope of this Court’s trial at the first instance court claimed payment of KRW 25 million against Defendant B, KRW 10 million based on the loan certificate as of December 27, 2006, and damages for delay from the day following the delivery of payment order for the above payment order.

However, the Plaintiff’s amendment of the purport of the claim to Defendant B at the trial of the first instance, and withdrawn the portion of the claim for the fraternity-related debt, which was dismissed by the first instance court, on the other hand, added the part of the claim for the payment of KRW 1,683,550, and the damages for delay related to the tax related to the Hono Bank (hereinafter “instant singing Bank”) operated by the Defendants.

In addition, Defendant C only sought payment of KRW 10 million which is the principal of the loan from December 27, 2006 and withdrawn the portion of the claim for delay damages with respect to the claim for KRW 10 million based on the loan from the first instance court on December 27, 2006. On the other hand, Defendant C asserted that: (a) Defendant C together with Defendant B bears the interest of KRW 31.2 million and KRW 25 million from September 1, 2016 to KRW 3.66 million from the loan from KRW 10,515,00 to July 25, 2013; and (b) Defendant C claimed that the remainder of the loan from KRW 10,515,00 to KRW 3,500 from the loan from KRW 50 to the loan from KRW 86,500; and (c) Defendant C claimed that the remainder of the loan from KRW 106 to the loan from KRW 208,500 to the loan from KRW 2016.27.27.26

Therefore, the part of the Plaintiff’s claim against Defendant B, which was rejected in the first instance trial, is changed to an exchange of the Plaintiff’s claim against Defendant B for the payment of the instant singular tax in the trial.