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(영문) 부산고등법원 2019.09.19 2018나58847 (1)
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. The Defendant received KRW 10 million from the Plaintiff, respectively, through the account in the name of E and F on June 21, 201, and KRW 100 million on June 27, 201, respectively, under the name of operating expenses of C Co., Ltd. (hereinafter “C”), a representative director, and received KRW 300 million on the check on July 8, 201.

B. On November 18, 2013, the Plaintiff received a certificate of loan with the amount of KRW 1.5% per annum from the Defendant on June 27, 2011, ② the borrower C, ③ the principal borrowed in C, ③ the amount of KRW 375,00,000, ④ the loan period from June 27, 201 to December 31, 2014, ⑤ the interest rate of KRW 1.5% per annum.

(hereinafter “this case’s loan certificate”). C.

Meanwhile, the Defendant, from the Defendant’s account to the Plaintiff, remitted the amount of KRW 420 million to the Plaintiff as KRW 10 million on July 1, 2012; KRW 10 million on November 29, 2012; KRW 5 million on July 1, 2013; KRW 10 million on July 25, 2013; KRW 17,000 on September 17, 2013; KRW 10 million on December 5, 2013; and KRW 1 million on December 5, 2013; KRW 200,000 on January 29, 2014; and KRW 5 million on March 31, 2014; and KRW 5 million on June 5, 2014.

(hereinafter referred to as “the details of repayment of this case”). / [Grounds for recognition] without dispute, Gap evidence No. 4, Gap evidence No. 13, Eul evidence No. 4-53 and the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, the Defendant borrowed KRW 420 million from the Plaintiff, and paid KRW 45 million among them, the Defendant is obligated to pay KRW 375 million to the Plaintiff.

B. Preliminaryly, C borrowed KRW 420 million from the Plaintiff, and the Defendant jointly and severally guaranteed C’s obligation to borrow the loan to the Plaintiff, and repaid KRW 45 million among them, the Defendant is obligated to pay KRW 375 million to the Plaintiff.

3. Determination

A. The facts acknowledged earlier, and according to the following circumstances, each of the evidence and evidence set forth in subparagraph 4-1, 46, and 47 of the evidence and evidence set forth in subparagraph 4-1, 46, and 47, the defendant borrowed a sum of KRW 420 million from the plaintiff. Thus, the defendant is limited to KRW 420 million from the plaintiff.

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