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(영문) 부산고등법원 2019.05.15 2018나51280
대여금반환 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is the amount equivalent to 30% per annum when converting the amount of KRW 320,000,000 from C to the annual interest rate of KRW 8,000 per annum on October 11, 2013. The Defendant received KRW 304,00,000,000, excluding the amount of KRW 16,000 per month prior to the two-month period, and received KRW 130,000 from the Defendant around February 10, 2014, after converting the amount of KRW 3,250,000 per annum into the interest rate of KRW 3,250,00 per annum, the amount equivalent to 30% per annum. The Defendant borrowed KRW 6,50,000 per annum, excluding the amount of KRW 6,500,000 per annum prior to the loan and received each of the above loans to the Defendant’s total amount of KRW 300,500 per annum.

(2) In order to secure the previous loan claims against the Defendant, C was granted a right to collateral security (hereinafter “previous collateral security”) on real estate owned by the Defendant (hereinafter “each of the instant real estate”) by the Defendant. The specific details are as indicated below.

1. On October 1, 2013, 1098 No. 480,00,000 won of the maximum debt amount of 11098,000 on July 3, 2014, which is 195,000 won of the maximum debt amount of 17891 on February 12, 2014, which is 195,000,000 won on July 3, 2014, the court of 10.30,000 on 1/20,000 of the land of 1/109, 11098, 11098,000,000,000 won on October 11, 2013, 2014; 3.0,000,000 won on 20,000 won on 10,000 won on 10,000 won on 194, 2010

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