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Reasons
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(영문) 광주고등법원 2016.08.12 2015나2507
대여금
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1. The part of the judgment of the court of first instance against the defendant ordering payment in excess of the following amount shall be cancelled:

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of evidence Nos. 1 and 2-1 of evidence Nos. 1 and 2-1, the Plaintiff and the Defendant completed the registration of transfer of ownership to E on May 15, 2009 as follows: (a) a notary public prepared a letter of cash loan payment (hereinafter “instant payment note”); (b) a notary public certified by No. 213 in 2009 as the document of the general law office in the 21st century; and (c) a notary public (the Defendant’s birth) completed the registration of transfer of ownership with respect to 4,860 square meters of D forest in Gwangju Mine-gu, Gwangju District Court No. 223501 on December 3, 2009 on the ground of sale and purchase on December 4, 2009.

Receipt of Cash Loans: daily 10 million won (10,000,000 won)

1.On August 2005, the above amount was borrowed 30,000 won at the time of purchase in the name of Section C of the mine area D 1,470 square meters;

2. The acquisition of shares of the F in his/her own shares in the Mine-gu on August 18, 2008 by means of not accepting shares and replacing cash borrowed on behalf of the F;

3.The above KRW 30,000 and KRW 80,000 on No. 1 shall be payable at the time of sale of the above land.

4. The promise to pay the amount borrowed to the Plaintiff by the end of December 2009, if the land is not sold.

B. According to the above facts, the defendant agreed to borrow KRW 110 million from the plaintiff by drawing up the letter of payment in this case, and the amount of KRW 30 million among them shall be the date of selling D forest land in Gwangju Mine-gu or December 31, 2009, and KRW 80 million shall be the date of selling land in Gwangju Mine-gu or December 31, 2009.

However, as seen earlier, the fact that the Gwangju Mine-gu D Forest was sold on December 4, 2009 is as follows. As to the Plaintiff, the Defendant is obligated to pay damages for delay from December 5, 2009, which is the day following the above sale date, to the day of full payment for the amount of KRW 10 million and KRW 30 million among them.

2. Judgment on the Defendant’s assertion

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