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(영문) 부산고등법원 2016.01.27 2015나2294
대여금 등
Text

1. The plaintiff A's appeal is dismissed.

2. The part against Plaintiff C in the judgment of the first instance is revoked.

3. The defendant is the plaintiff.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 420 of the Civil Procedure Act.

2. Determination as to Plaintiff A’s claim

A. On March 26, 2007, Plaintiff A’s claim for the payment of KRW 20 million including the lease deposit, etc., and around March 26, 2007, Plaintiff A paid KRW 16 million to the Defendant in lieu of the lease deposit that I should pay to the Defendant. On November 10, 2011, the above lease contract was terminated. At the time, the Defendant agreed to pay KRW 20 million, plus KRW 16 million and KRW 4 million borrowed from Plaintiff A at the time, and the interest rate of KRW 20 million was 12% per annum. Accordingly, in accordance with the above agreement, the Defendant promised to pay KRW 20 million and interest interest or delay damages on the lease deposit and KRW 20 million to Plaintiff A at the auction procedure for the payment of KRW 13 million and KRW 13 million to Plaintiff A at the time of the lease deposit and KRW 20 million (hereinafter “Plaintiff 200,000,000,00).

The purchase price of KRW 13,00,000 out of the purchase price of KRW 28,70,000 shall be the loan borrowed from the new Saemaul Bank of Korea by the Plaintiff, and the Defendant, instead of the investment, decided to repay the loan to the new Saemaul Bank of Korea instead of the Plaintiff A.

Nevertheless, as the defendant's failure to repay the loans, the plaintiff A suffered damages equivalent to KRW 13 million on the wind that commercial banks go beyond auction.

Therefore, the defendant is obligated to pay the plaintiff A the above 13 million won and damages for delay.

B. 1) In full view of the evidence, Gap evidence, Gap evidence Nos. 3, 5, 9, and Eul evidence Nos. 4 (including serial numbers; hereinafter the same as the above), the whole purport of the pleadings, which were incurred prior to the preparation of the loan certificate and the settlement statement related to investment, the whole purport of the pleadings is as follows.

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