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(영문) 서울고등법원 2019.06.19 2018나2038513
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 219,824,617 and KRW 206,824,617.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. On March 13, 2016, the Plaintiff and the Defendant agreed to pay to the Plaintiff interest at 30% per annum in the event that the Plaintiff and the Defendant are in arrears with interest of 10% per annum from September 1, 2016, upon agreement on the return of the amount paid by the Plaintiff to the Defendant. In addition, the Defendant is obligated to pay to the Plaintiff the remainder of the purchase price and KRW 13 million to the Plaintiff, and the Defendant returned the remainder of KRW 30 million to the Plaintiff by September 1, 2016, and the remainder of KRW 250 million to the Plaintiff by December 1, 2018, and the Defendant paid interest at 10% per annum from September 1, 2016 to the Plaintiff. As the quasi-loan contract was established under the above agreement between the Plaintiff and the Defendant, the Defendant is obligated to pay KRW 30 million and its delay damages to the Plaintiff. Moreover, the Plaintiff and the Defendant did not return the remainder of the purchase price to the Plaintiff and the Plaintiff’s remaining property E16.

3) Although it is deemed that there was no agreement on the distribution of residual property, such as Paragraph 2 above, in relation to the union between the Plaintiff and the Defendant, the Plaintiff invested KRW 312 million in relation to the union, and the Defendant invested KRW 180,735,048, respectively, and the Defendant, at the time of dissolution, shall pay to the Plaintiff the remaining property of the union KRW 326,737,153, which is 206,824,617, and delay damages.

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