(영문) 광주고등법원 2017.01.20 2016나10192

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(영문) 광주고등법원 2017.01.20 2016나10192

대여금

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1. Of the judgment of the court of first instance, the part concerning the primary claim shall be modified as follows.

The defendant shall make the plaintiff 208,250.

Reasons

1. According to the records of the court's scope of trial, the following facts are revealed: (i) the court of first instance requested the defendant to pay the loan around the defendant; (ii) the court of first instance accepted part of the plaintiff's main claim; and (iii) dismissed the remainder of the main claim and the conjunctive claim; and (iv) the plaintiff and the defendant appealed all of the judgment against the plaintiff, and the plaintiff did not object to the conjunctive claim among the part against which it lost.

Therefore, the scope of this court's judgment is limited to the main claim among the judgment of the first instance.

2. recognised facts;

A. The Plaintiff’s wife C and the Defendant’s son were married, and D died around January 20, 2002, and C around July 28, 2014.

B. The Plaintiff is in possession of the original copy of the loan certificate (No. 1-2) and the loan certificate (No. 11) drawn up on March 3, 1997, dated May 196 with the debtor as the defendant as the defendant.

(hereinafter referred to as "two bills of borrowing of this case" shall be referred to as "the certificate of borrowing of this case", and if two are separated, it shall be specified as the date of preparation thereof).

The certificate of loan drawn up on May 1996 includes the phrase “the defendant borrowed KRW 35,00,000,000 and the defendant first pays the sum of the principal and interest at the time of sale and purchase of the land owned by the defendant.”

In addition, the loan certificate dated March 3, 1997 states that "the defendant borrowed KRW 173,250,000, and the defendant shall repay the money borrowed on the 11st day of sale of the land owned by the defendant, including the 12,528 Forest and Forest in Gwangju Mine-gu, and if the land is not sold within three years from the date of borrowing, it shall be repaid through the division of shares through mutual agreement, and the same conditions shall also apply to the 35,00,000,000, borrowed around 196."

[Ground of recognition] No dispute, Gap evidence Nos. 1-2 and 11-1, and the purport of the whole pleadings

3. We decide on the defendant's main defense of safety.

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