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(영문) 부산고등법원 2018.02.01 2017나54640
청구이의
Text

1. The defendant's appeal is dismissed.

2. With respect to cases of application for the suspension of compulsory execution, this Court shall have regard to the cases of application for the suspension of compulsory execution.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except where the part Nos. 6, 8, and 19 of the judgment of the court of first instance is used as follows, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Use】

(d) evidence No. 12, evidence No. 12, and evidence No. 1 (if any, including numbers; hereinafter the same shall apply) of subrogation claim (claim No. 1)

according to their respective statements, the following facts are recognized:

① On September 23, 1996, KRW 2,00,000 in the account of the Agricultural Cooperatives Federation in G name, and KRW 5,000,00 in the name of the Defendant, and KRW 1,00,000 in the account of the Agricultural Cooperatives Federation in the name of the Defendant respectively.

The amount of KRW 5,00,000,000 on September 30, 1996 in the above account under the name of I, and KRW 10,000 on November 26, 1997, was remitted respectively.

On May 14, 2007, KRW 5,000,000 was deposited in the national bank account account in the name of the defendant.

The amount of KRW 10,00,000 on October 24, 2014, and KRW 10,000 on January 5, 2015 in the account of the IBK Bank in the name of G was deposited in the account of the Defendant in the name of the Defendant.

② B drafted each loan certificate to the Defendant that “each 24% interest per annum shall borrow KRW 20,000,000 on December 20, 1997, and KRW 30,000,000 on October 20, 200.”

③ On January 10, 2015, B confirms that the sum of the principal and interest on loans settled between September 23, 1996 and January 10, 2015 = 337,546,469 won = Principal amounting to 88,100,00 won plus interest of KRW 249,446,469.

“The” has drawn up a certificate of loan settlement.

2 Of the above remittance details, the Plaintiff did not dispute the principal amount of KRW 10,000,000 on October 24, 2014.

As to the remainder, it shall be viewed.

In full view of the aforementioned evidence and the following circumstances acknowledged by the court of first instance as a result of each order to submit financial transaction information to the BNK Head, the national president, and the president of the NH Nonghyup, and the overall purport of the arguments, the remainder of the money, excluding KRW 10,000,000, out of the money deposited in the G account in the name of the defendant or I, shall be the sole fact of the above recognition.

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