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Reasons
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(영문) 서울고등법원 2020.06.18 2019나2038671
손해배상(기)
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1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The defendant shall pay to the plaintiff KRW 211,220,00.

Reasons

1. Basic facts

A. A. Around January 26, 2016, the Plaintiff decided to lend KRW 200,000 to the Defendant at the maturity of January 26, 2020 and at the rate of 4.5% per annum. On January 27, 2016, the Plaintiff paid KRW 200,000 to the Defendant.

B. The Defendant: (a) KRW 860,000 on March 3, 2016; and (b) the same year as interest on the above loan to the Plaintiff.

3. 28. 860,000 won, and the same year.

2. 860,000 won, and the same year.

50,000 won on December 22, 200, and on July 600, 11 of the same year, and on September 8, 2017, and for the same year;

9. 30. 800,000 won, and 800,000 won on September 9, 11 of the same year, and 800,000 won on December 18, 2018 of the same year, and KRW 800,000 on February 28, 2018, and KRW 25.25. 25,000,000 on October 23, 201 of the same year, and KRW 9,00,000 on December 23, 200, and KRW 750,000 on January 31, 2019; and

6.750,000 won, and the same year.

1. 750,000 won, and the same year.

50,000 won, and the same year.

6. 14. 750,000 won paid total of KRW 24,780,00.

C. Meanwhile, N,O, and P filed a petition for adjudication on the commencement of limited guardianship with the Plaintiff as the Suwon District Court Branch Branch Branch of 2018 Madan3214, and the said court rendered a judgment on January 30, 2019 to the effect that “the Plaintiff shall commence limited guardianship with respect to the principal of the case.” The said judgment became final and conclusive around that time.

After that, the O and P filed a petition for a trial on the change of a limited guardian with the Ansan Family Court Branch of 2019Ra34000, the above court rendered a judgment on February 3, 2020 to the effect that “the change of N among the limited guardians of the principal of the case is changed to O,” and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 11, 12, Eul evidence 2 and 3 (including branch numbers if any)

2. According to the above-mentioned facts, the Defendant is obligated to pay the Plaintiff a loan of KRW 200,000,000 and interest thereon, barring any special circumstance.

However, as seen earlier, the Defendant paid the Plaintiff KRW 24,780,000 in total as interest for the above loan, and all the said money is interest.

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