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Reasons
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(영문) 창원지방법원 2015.03.19 2014나32476
추심금
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1. Revocation of a judgment of the first instance;

2. The debt repayment contract concluded on October 17, 201 between the Defendant and C is KRW 204,150,684.

Reasons

1. Facts of recognition;

A. The Defendant and C are money transaction 1) between the Defendant and C. The Defendant wired KRW 300 million to C on January 7, 2003, and C divided KRW 300 million from the Defendant into KRW 70 million on January 7, 2003, and KRW 100 million on January 9, 2003, and remitted to E. (2) The Defendant transferred KRW 300 million from KRW C and E around January 2003.

I am. The borrower C, E, and 2 of the above persons have borrowed the borrowed money in full from B (Defendant) and shall pay the interest of 1.5% per month to July 2004, respectively (hereinafter “the certificate of loan drawn up on January 2003”).

3) After completion, the Defendant additionally remitted C the total of KRW 151,50,000,000,000 on August 18, 2004, KRW 30,000 on August 25, 2004, KRW 10,000 on February 25, 2005, KRW 10,000 on March 24, 2005, KRW 3 million on April 29, 2005, KRW 150,00 on June 13, 2005, KRW 50,000 on July 22, 2005, KRW 151,50,000 on December 8, 2005, etc.

4) Meanwhile, C transferred KRW 4,50,000,000 to the Defendant’s account on February 7, 2003; March 10, 2003; April 8, 2003; May 12, 2003; June 13, 2003; July 9, 2003; and August 26, 2003; and 4,50,000 won to the Defendant’s account pursuant to an agreement on the payment of interest as indicated on the loan certificate as of January 4, 203;

(C) On April 1, 2011, the Plaintiff filed a lawsuit against the Changwon District Court for the claim for the payment of the acquisition amount of C and D with the Changwon District Court on April 1, 201, and on April 25, 2012, the said court rendered a judgment that “C and D pay to each of the Plaintiff 20 million won and the amount at the rate of 20% per annum from April 7, 2011 to the date of full payment” (C and D, Changwon District Court Decision 201Da3459, 3459, and C and D appealed appealed to the Busan High Court on December 1, 201, and the said appellate court appealed to the Busan High Court on December 25, 2012.

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