(영문) 부산고등법원(창원) 2016.10.20 2016나212

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(영문) 부산고등법원(창원) 2016.10.20 2016나212

대여금

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Determination on the main claim

A. Examining the reasoning of the lower judgment as to the cause of the claim No. 1 and No. 1-9 in addition to the entire purport of the pleadings, the Defendant, on June 30, 2012, borrowed KRW 1 billion to the Plaintiff as well as KRW 500 million, on April 26, 2013, when the Defendant repaid KRW 500 million to the Plaintiff and was unable to repay the remainder of KRW 500 million, on which the Defendant agreed to pay KRW 500 million to the Plaintiff by April 25, 2015, and to pay KRW 6 million interest per month (hereinafter “instant agreement”).

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 14.4% per annum from June 26, 2013 to May 22, 2015, which is the date of service of a copy of the complaint of this case from June 26, 2013, the day following the date of the last payment of interest (=6,00,000,50,000 x 12), and interest or delay damages at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. The defendant's assertion 1) The defendant extended KRW 1 billion from the plaintiff who is engaged in the today's distribution business and engaged in warehouse business for the purpose of the increase in the amount of money for purchase. On April 2013, the defendant purchased under the name of the farming association corporation (the representative F, hereinafter "C") and entrusted the plaintiff's warehouse to the plaintiff's warehouse, and there is a dispute between the plaintiff, C, and the defendant. In the process of resolving the dispute, the defendant recognized that the plaintiff was the owner of C as to the increase in the number of ma which was kept in the plaintiff's warehouse, and agreed to pay a certain amount of money to the plaintiff, the defendant prepared a loan certificate (No. 1, hereinafter "the loan certificate of this case") with the purport that the defendant will pay the plaintiff the above loan amount of KRW 500 million and its interest.

However, as C cancels the above agreement, the agreement becomes null and void.

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