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Reasons
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(영문) 서울고등법원 2018.11.02 2017나2055955
대여금
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1. The judgment of the court of first instance is modified as follows.

Defendants are jointly and severally liable to Plaintiff A for KRW 195 million.

Reasons

1. Case summary and subject matter of inquiry;

A. The plaintiffs are the father between the father and the father, and the plaintiff A is the father of the plaintiff B.

The Defendants also are the father of Defendant C who is the father of Defendant D.

The grounds for the plaintiffs' claims are the agreement of this case in which the complainant, the defendant C as the defendant defendant, and the defendant D as the guarantor of the defendant C (Evidence A No. 1, hereinafter the term "the defendant").

The instant agreement provides that the accused party pays KRW 600 million to the complainant. The amount of KRW 50 million is KRW 50 million on April 30, 2013, KRW 50 million on December 15, 2013, KRW 50 million on June 30, 2014, KRW 50 million on December 15, 2014, KRW 50 million on June 30, 2015, KRW 50 million on June 30, 2015, KRW 30 million on December 15, 2015, KRW 30 million on aggregate, ② KRW 100 million on November 30, 2016, and KRW 100,000 on November 13, 2017, KRW 300,000 on April 18, 2017.

B. At the first instance court, the Plaintiffs filed a claim against the Defendants for the payment of KRW 195 million, excluding KRW 1500 million, from among the total KRW 300 million due, with the exception of KRW 150 million paid, and ② KRW 100,000,000, and its delay damages, jointly and severally, and severally, and severally, with the Defendants.

With respect to that, the first instance judgment dismissed Plaintiff B’s claim in its entirety and in its entirety on the ground that the agreement in this case was caused by the intentional declaration of intent with respect to Plaintiff B, and Plaintiff A’s claim was reduced to KRW 300 million in total and KRW 150 million in total and KRW 50 million in total, respectively, on the ground that Plaintiff A’s claim was reduced to KRW 150 million in total and KRW 50 million in total and KRW 150 million in total and KRW 150 million in the primary claim, and dismissed Plaintiff A’s claim with reference to “ KRW 45 million in total and KRW 150 million in total and KRW 150 million in the primary claim.”

As a result, the plaintiff A's total ① 195 million.

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