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(영문) 부산고등법원(창원) 2015.01.08 2013나21577
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The defendant is the plaintiff's wife.

The Plaintiff’s KRW 51 million to the Defendant on January 14, 2010, and the same year

3. 17.10 million won and the same year.

7. May 4, 200,000 won, including KRW 11 billion, was paid by the Defendant, and the Defendant received a total of KRW 115 million from March 12, 2010 to August 17, 2010.

B. On September 9, 2010, the Plaintiff paid KRW 50 million to the Defendant. From October 14, 2010 to October 29, 2010, the Plaintiff returned KRW 52.5 million to the Defendant.

C. The Plaintiff paid a total of KRW 150 million to the Defendant, including KRW 50 million on November 14, 201, KRW 10 million on March 25, 201, and KRW 150 million on March 25, 201 (hereinafter “instant money”).

The Defendant returned, on December 15, 2010, KRW 1.5 million, KRW 1.5 million on January 17, 2011, KRW 1.5 million on February 15, 2011, KRW 1.5 million on March 14, 2011, KRW 3.4 million on April 14, 201, KRW 4.5 million on May 16, 201, KRW 45 million on June 16, 201, KRW 4.5 million on July 13, 201, KRW 1.5 million on November 14, 2011, KRW 200 million on April 13, 201, KRW 200,000 on KRW 3.5 million on April 25, 2012, KRW 200,000,000 on June 25, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 2, Eul evidence 2, Eul witness C and the purport of the whole testimony and arguments of the first instance court witness D

2. The Plaintiff’s assertion agreed to be paid interest rate of 3% per month and lent the instant money to the Defendant. The Defendant was paid KRW 92.9 million in total from the Defendant’s principal and interest group, and KRW 22.9 million in total from the repayment amount to July 13, 2011, was appropriated in the order of interest obligations and principal obligations calculated by applying the interest rate of 30% per annum within the limit prescribed in the Interest Limitation Act. Since the Plaintiff’s total sum of KRW 70 million in total after November 14, 2011 was appropriated for principal obligations, the Defendant appropriated the Plaintiff’s remainder of the instant amount and the interest rate of 134,556,528 won in total of the principal and interest rate of 3% per month on the remainder of the instant amount and interest rate of 134,556,528 won (= interest rate of KRW 76,855,494, 577,034, Jul. 24, 2013).

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