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(영문) 부산지방법원서부지원 2019.10.31 2017가합303
대위변제 구상금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is KRW 1,242,400,000 and its amount from June 13, 2017.

Reasons

1. Basic facts

A. A. Around 2010, Defendant B borrowed KRW 500,000 from D on July 1, 2010 as interest rate of KRW 30,00,000 and KRW 800,000). At the time, the Plaintiff and Defendant C jointly and severally guaranteed the Defendant B’s above loan obligations, respectively. On July 2, 2010, D transferred KRW 50,000,000 to Defendant B’s account, and received KRW 40,00,000,00 in terms of interest and commission. On the same day, Defendant B borrowed KRW 50,000 as well as KRW 80,00 from the Plaintiff and Defendant C as a joint owner of the building on the land of Busan-Gu building, Busan-gu 430,000 square meters, which was owned by the Plaintiff and Defendant C as a joint owner of the building of KRW 100,00,000 and KRW 10,000,00.

At the time, D, the Plaintiff, and the Defendants were to receive only KRW 677,00,00 from the above borrowed money.

① The above KRW 118,00,000, including interest and commission fees for KRW 800,000 and ② the unpaid interest for KRW 500,000 on July 1, 2010, out of the three-month interest for KRW 5,00,000,000 (interest for the three-month period - KRW 45,000,000 on the prepaid interest - KRW 40,000) were deducted.

D on November 17, 2010, transferred KRW 180,000,00 to Defendant B’s account, and KRW 150,000,000 to the Plaintiff’s account. On November 19, 2010, Defendant B paid the remainder of KRW 347,00,000 to Defendant B.

B. On April 8, 2011, the Plaintiff, the Defendants, and D confirmed the balance as at the time with respect to each of the above loans, and drafted an authentic deed of a monetary loan agreement for consumption (F Law Firm No. 563 of 2011) with regard to the said loans.

In other words,

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