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(영문) 광주고등법원 (제주) 2018.10.10 2017나10963
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant and C were partners.

around April 1996, the Defendant borrowed KRW 40 million from D (C's wife).

The above KRW 40 million was lent to the defendant after D borrowed from the plaintiff who is the husband of his father.

B. The Plaintiff demanded the Defendant to repay the loan, and on September 3, 1998, the Defendant prepared a certificate of loan stating that “44 million won (the amount calculated by adding interest at KRW 4 million to the loan amount of KRW 40 million) is regularly borrowed, and the interest rate shall be 2.5% per month agreed and returned within three months from the date of the loan.”

C signed the above loan certificate as the surety.

(C) the purport of a joint guarantor is to be the guarantor.

In March 199, the Defendant proposed to the Plaintiff that “the Plaintiff would obtain loans from the Industrial Bank of Korea and offer his house as security instead of using the said money.”

Accordingly, the Plaintiff borrowed KRW 120 million from the Industrial Bank of Korea at the annual interest rate of 6.5%, and provided the surety insurance policy as security.

(C) The Plaintiff paid the principal amount of KRW 120 million to the Industrial Bank of Korea (excluding the total interest of KRW 11.7 million, excluding KRW 650,000,000 paid by Defendant B) due to the Defendant’s failure to pay the said loan, and the Plaintiff paid the principal amount of KRW 120,000 to the Industrial Bank of Korea.

On July 8, 2008, the defendant and the plaintiff discussed on the repayment of meta loans, etc. at the Jongno-gu Seoul coffee shop, and as a result, the defendant's confirmation of the following contents to the plaintiff is "the confirmation of this case".

I have drawn up and proposed a statement. I have confirmed that the principal stated at the later date: 230,260,000 won is the principal.

1. Principal amount: 40,000,000 won on April 6, 1998: Interest = 44,000,000,000 won on September 8, 1998 = 2.5% on January 1, 2000 = 1,100,000 = 119 months ¡¿ 11,00,000 = 130,900 =

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