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(영문) 서울고등법원 2019.02.14 2018나2060251
대여금
Text

1.The judgment of the first instance shall be modified as follows:

2. The Defendant’s KRW 344,992,969 and as to the Plaintiff, February 2018.

Reasons

Basic Facts

Around March 2012, the Defendant provided that “a pharmaceutical company will use the funds for the operation of pharmacy support for its employees if it lends them to the Plaintiff, and will pay interest of at least KRW 5,000,000 per month.”

Accordingly, on March 23, 2012, KRW 17,00,000, KRW 2,000,000 on March 29, 2012, KRW 5,900,00 on April 2, 2012, KRW 10,000 on January 24, 2013, KRW 13,000 on July 23, 2013, KRW 20,000 on loans, KRW 10,000 on July 30, 2013, KRW 10,00 on loans, KRW 10,00 on August 14, 203, KRW 10,00 on loans, KRW 10,00 on September 10, 200, KRW 100 on loans, and KRW 10,00 on September 10, 201 on loans, etc. to the Plaintiff and the Defendant on October 10, 2014.

(2) In addition, the Defendant: (a) provided that “The Plaintiff would pay interest of at least KRW 6,00,000 per month by operating a pharmacy, if the Defendant borrowed funds to the Plaintiff only one existing pharmacy, even though the Defendant had more than 10 hospitals in the Daegu-gu C building, which is the president of the Magdong-gu Council.”

Accordingly, the Plaintiff loaned the Defendant KRW 20,00,000 on November 25, 2013, KRW 20,000 on February 17, 2014, KRW 30,000,000 on April 15, 2014, KRW 30,000 on April 28, 2014, KRW 30,000 on April 28, 2014, and KRW 12,00,000 on August 28, 2014, KRW 23,00,000 on August 29, 2014, KRW 30,000 on August 16, 2014, KRW 00 on KRW 10,000 on October 10, 100,000 on KRW 705,00 on around 10,00 on around 8, 200.

(hereinafter “instant secondary loan”). On August 2, 2016, the Plaintiff sent the content-certified mail requesting the Defendant to pay the instant primary loan by August 20, 2016 and the content-certified mail requesting the Defendant to pay the instant secondary loan by August 5, 2016, respectively, and each of the above content-certified mail was served on the Defendant around that time.

From April 25, 2012 to February 14, 2018, the Defendant repaid each of the amounts indicated in the column for repayment in the separate sheet in relation to each of the instant loans to the Plaintiff on the date indicated in the separate sheet for calculation of appropriation amount.

As to this part, the dispute between the plaintiff and the defendant.

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