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(영문) 부산지방법원 2016.12.28 2016나5822
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the respective entries and arguments in subparagraphs A through 5, the Plaintiff’s total amount of KRW 27.2 million to the Defendant (i.e., KRW 20 million on April 29, 2015) was acknowledged to have lent the Plaintiff a total of KRW 30,000,000 to the Defendant, and the Defendant is the Plaintiff who paid the Plaintiff a full payment of KRW 16.5 million out of the above borrowed amount.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 10.7 million (=27.2 million - KRW 16.5 million) and to pay damages for delay calculated at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is stipulated in the Civil Act, from December 2, 2015 to December 28, 2016, which is the date of the delivery of a copy of the complaint of this case, to the Defendant’s assertion based on the evidence submitted by the Plaintiff to the appellate court, from December 28, 2016, which is the date of this decision.

2. In conclusion, the plaintiff's claim of this case should be accepted within the scope of the above recognition, and the remainder should be dismissed as there is no ground.

However, the judgment of the first instance court is unfair with some different conclusions.

Accordingly, the part against the plaintiff as mentioned above shall be revoked, and the defendant shall be ordered to pay the amount corresponding thereto, and the remaining appeal by the plaintiff shall be dismissed as it is without merit.

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