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1. Of the instant lawsuit, Jeonju District Court Branch Decision 2016Kadan1477 decided May 16, 2017 against the Defendant’s Plaintiff.
Reasons
1. Basic facts
A. The relationship between the parties and the defendant are the siblings, and C is the mother of the plaintiff and the defendant.
B. On May 16, 2017, the Defendant issued a judgment against the Plaintiff that “the Plaintiff shall pay to the Defendant 35,216,630 won and the amount calculated by applying the rate of 5% per annum from March 10, 2016 to May 16, 2017 and 15% per annum from the next day to the date of full payment” against the Plaintiff.
The Plaintiff’s appeal (the Jeonju District Court 2017Na6040) was dismissed on November 24, 2017, and the said judgment became final and conclusive on December 12, 2017.
(hereinafter referred to as the “instant final judgment,” and the Defendant’s claim against the Plaintiff by the final judgment of this case (hereinafter referred to as the “claim with the principal and interest of this case”).
The Plaintiff loaned KRW 40 million to the Defendant on December 21, 2009, KRW 52,521,500, and KRW 92,521,500 on February 5, 2010, and the agreed interest thereon is KRW 550,000 per month. 2) The Defendant remitted KRW 30,000,00 to C’s account on June 24, 2014, KRW 250,000,000 on June 25, 2014, and KRW 90,000,000 on July 31, 2014.
3) The Plaintiff asserted that “The Defendant was not able to receive a loan amounting to KRW 92,521,500 and interest,” and filed a lawsuit against the Defendant seeking a loan under Jeonju District Court Branching 2017Kadan2798. In the process of the lawsuit, the Defendant did not dispute the amount of the loan or interest under the foregoing paragraph (1). However, the Defendant asserted to the effect that “the Plaintiff transferred the loan amounting to C’s account used at the time of the incorporation of the company and repaid the loan amounting to KRW 90,000,000 as in the foregoing paragraph (2)” as in the foregoing paragraph (4). The court rejected the Defendant’s claim and repaid the loan amounting to KRW 92,521,500 and the Defendant repaid the loan amount from November 1, 2014 to the Plaintiff.