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(영문) 광주지방법원 2018.12.14 2018나54254
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 1-2, No. 2, and evidence No. 1-2, No. 1-2, as to the cause of the claim, the Plaintiff loaned (hereinafter “instant loan”) to the Defendant with the interest rate of KRW 70,000,000 on October 16, 2012 as of April 10, 2015, and the due date of repayment as of April 10, 2015. The Plaintiff has received KRW 30,000 from the Defendant around December 30, 2013, and KRW 20,000,000 from the Defendant around July 30, 2015. As such, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of KRW 20,00,000 and the interest rate of KRW 15,00,00,000 from July 30, 2015.

(1) The court below erred by misapprehending the legal principles as to the remaining debt amount of KRW 50,00,000,000,000 remaining after the Plaintiff transferred KRW 50,000 to the Defendant’s account to C for the purpose of delivering the loan to C upon the Defendant’s introduction, but there is no evidence to acknowledge the exemption defense on July 30, 2015, the Defendant asserted that the Plaintiff paid KRW 20,000,000 to the Plaintiff and the Plaintiff exempted the Defendant from the remainder of the loan amount of KRW 70,000,000,000. The court below did not err by misapprehending the legal principles as to the remaining debt amount of KRW 70,000 to secure the loan amount of KRW 1-2 on April 11, 2013. The court below erred by misapprehending the legal principles as to the remaining debt amount of KRW 20,000,000,000 on the loan amount of this case.

Rather, the Plaintiff’s collateral security.

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