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(영문) 부산지방법원 2021.02.05 2019나66750
구상금 등
Text

Of the parts relating to the principal lawsuit of the judgment of the first instance, the Plaintiff (Counterclaim Defendant) who corresponds to the following amount ordered to pay.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for reimbursement of the amount equivalent to KRW 187,264,522 against the Defendant as the principal lawsuit. The Defendant denied the Plaintiff’s claim for reimbursement and claimed a loan equivalent to KRW 157,70,000 against the Plaintiff as a counterclaim, while setting aside the Plaintiff’s claim for reimbursement, and set off the said loan claim as a preliminary claim against the Plaintiff as a counterclaim.

The court of first instance recognized the Plaintiff’s claim for reimbursement equivalent to KRW 187,264,522 against the Defendant, and the Defendant’s claim for loans equivalent to KRW 129,00,000 against the Plaintiff, and accepted the Defendant’s claim for offset based on the Defendant’s above loan claim, and accepted the Plaintiff’s claim for reimbursement based on the amount of KRW 27,224,115 and the delayed damages, and dismissed the remainder of the claim for reimbursement and counterclaim.

As to this, only the plaintiff appealed against the plaintiff in the judgment of the court of first instance on the part against which the defendant's defense of set-off was accepted, the scope of the trial of this court is limited to the part where the defendant's defense of set

2. The court's explanation of this part of the judgment on the main claim is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on set-off defense

A. According to the overall purport of the Defendant’s loan claims against the Plaintiff, the Defendant loaned money to the Plaintiff as indicated in the following table without setting the due date for repayment.

The loan principal interest rate of 40,00,000 won per annum 12% per annum on April 15, 2011; 24% per annum on March 10, 2012; 37,000,000 won per annum on July 25, 2013; 42% per annum on March 27, 2014; 8,000,000 won per annum on March 27, 2014;

B. As to the Plaintiff’s assertion, the Plaintiff denies or defends each of the above loans as set forth below, and thus, deemed in turn.

1) As to the net loan 1 times, the Plaintiff opened a passbook with a limit of KRW 50 million in the name of the Defendant and opened a passbook with a limit of KRW 40 million among them.

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