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Reasons
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(영문) 부산지방법원동부지원 2016.09.22 2016가단202703
사해행위취소 등
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1. Defendant B shall pay to the Plaintiff KRW 100,000,000 as well as 25% per annum from November 5, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the purport of the entire pleadings in the written evidence Nos. 1, 2, and 3 of the judgment as to the cause of the claim, the Plaintiff loaned KRW 100,000,000 to Defendant B on December 5, 2013, and the interest rate shall be KRW 2,200,000 per month, and the due date for payment shall be December 5, 2018, but it is recognized that the Plaintiff agreed to repay within one month upon the request of the Plaintiff for the return.

The Plaintiff filed the instant lawsuit on March 11, 2016 and sought the return thereof. As such, Defendant B is obligated to pay to the Plaintiff interest of KRW 100,000,000 and interest calculated at the rate of 25% per annum for the Plaintiff within the scope of the agreement, as claimed by the Plaintiff, from November 5, 2015 to the date of full payment.

B. As to Defendant B’s assertion, Defendant B transferred KRW 83,70,000 to the Plaintiff as repayment of the principal and interest of the instant loan from January 29, 2014 to November 23, 2015, and paid KRW 16,00,000 in lieu of the four major insurance and taxes to be borne by the Plaintiff, and paid KRW 5,00,000 in cash. (2) According to the evidence revealed earlier, Defendant B and D paid KRW 78,70,000 to the Plaintiff from January 29, 2014 to November 23, 2015, it is recognized that Defendant B and D paid KRW 38,70,000 to the Plaintiff as payment of the principal and interest of the instant loan, and there is no evidence to acknowledge the principal and interest of the said association as payment of the instant loan.

Furthermore, it is clear that the remainder of KRW 40,700,000 paid by Defendant B and D, an incorporated association, falls short of the interest on the instant loan from December 6, 2013, which was the date of the instant loan to November 4, 2015, before the Plaintiff seeks the interest thereon.

Therefore, Defendant B’s above claim for reimbursement is without merit.

2. Determination as to the claim against Defendant C

A. The Plaintiff’s instant loan against Defendant B prior to the determination of the cause of the claim.

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