(영문) 광주지방법원 2019.04.19 2018나57697

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(영문) 광주지방법원 2019.04.19 2018나57697

대여금

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

The defendant shall pay to the plaintiff KRW 47,589,631 and KRW 14,585,510 among them.

Reasons

1. Basic facts

A. The plaintiff is a person who lends money to the defendant, C is the defendant's punishment, D's mother, and E's father.

B. The Defendant and C set up and awarded five loans to the Plaintiff as follows:

(1) The loan certificate of this case shall be deemed to be "the loan certificate of this case" according to the sequence of each loan certificate. The loan certificate of this case shall be "the loan certificate of this case" and all of the loan certificates shall be 10,000,000 on January 19, 2005 and 20% (10,000,000) on December 30, 2005 D on December 10, 2005; 10,000,000,000 on December 31, 205 (20,000,000,000,000, 10,000, 10,000, 10, 10,000, 10, 10, 10, 10, 205, 10, 10, 205, 10, 205, 10, 2005, 2005, 20.

On November 27, 2006, the Defendant repaid the Plaintiff KRW 20,000,000 to the principal of the borrowed amount based on the loan certificate No. 4, and the Defendant’s family members, including E and D, repaid the Plaintiff KRW 88,360,00 in total by December 19, 2016.

(Specific details of repayment shall be the same as the date of repayment and the amount of repayment in the calculation table of payment satisfaction of the attached Table. [The grounds for recognition] there is no dispute, Gap evidence No. 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay to the plaintiff 23,177,241 won [the amount calculated by subtracting 88,360,000 won from the sum of interest on loans extended according to the loan certificate of this case plus 54,490,00 won from the monthly interest of the defendant's debt of KRW 525,00 and the monthly interest of KRW 250,000 (the amount divided in proportion to 250,000 from the monthly interest of the defendant's debt of KRW 1,25,00 and KRW 250,000 from the debt of the defendant (the debt of this case) (the debt of this case of KRW 122,575,00 from the aggregate of interest on loans extended according to the loan certificate of this case) and delay damages on the above principal].

B. The defendant's assertion 1 E has a loan of KRW 4,500,000 against the plaintiff.

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