(영문) 대구지방법원 2017.07.12 2017나580 | 리걸엔진

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(영문) 대구지방법원 2017.07.12 2017나580

부당이득금

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The first instance court dismissed all of the plaintiff's claims against the plaintiff, and partly accepted the defendant's counterclaim, and only the defendant appealed against the part against which the plaintiff lost.

Therefore, the scope of the court's trial is limited to the part against the defendant's counterclaim.

However, the legitimacy of the counterclaim claim, which falls within the scope of adjudication, depends on how much balance remains after the repayment of each of the loans that the defendant seeks, and the whole of the loans that the defendant seeks to examine is examined.

2. Facts of recognition;

A. The Defendant lent money to the Plaintiff four times as follows:

(2) The loan agreement of this case is a loan agreement of this case. The loan of this case is a loan of this case. The loan of this case is a loan of this case according to the sequence. The actual amount of a monthly interest deduction (one month) from the maturity date of repayment of principal on February 6, 2006 shall be 3.6 million won on August 6, 2006, and 3.6 million won on February 9, 2006, KRW 770,000 won on May 17, 2006, KRW 3.7 million on March 7, 2006, KRW 1.7 million on June 7, 2006, KRW 4 million on June 7, 2006.

B. From March 6, 2006 to February 28, 2015, the Plaintiff, either directly or through a third party, repaid to the Defendant the same amount as the repayment on the date of each repayment indicated in the separate appropriation statement, and thereafter, paid KRW 3,800,000 over eight occasions between March 5, 2015 and June 5, 2015.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including each number), and the fact-finding with respect to Daegu Bank of the first instance court, the purport of the whole pleadings

3. Determination

A. According to the above facts of recognition as to the cause of counterclaim, the Plaintiff is obligated to pay the principal of the loan and interest or delay damages thereon to the Defendant pursuant to each of the instant lending agreements.

(b) determine the principal and applicable interest rate of the lending;

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