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(영문) 서울고등법원 2019.01.09 2018나2031666
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought the return of each loan amounting to KRW 30 million against the Defendant on June 19, 2015, KRW 19 billion on December 9, 2016, and KRW 130 million on February 15, 2017.

On June 19, 2015, the first instance court cited the part of KRW 300 million among the Plaintiff’s claim of this case, and cited only KRW 45.3 million on the part of claiming the return of the remaining loan.

As to this, the part against the plaintiff among the judgment of the court of first instance [190 million won (=50 million won - KRW 39 billion - KRW 300 million - KRW 453 million) and damages for delay] was appealed, this court shall decide only on the part against the plaintiff in the judgment of first instance.

2. Basic facts

2. The debt period shall be from June 19, 2015 to June 18, 2018, and the principal may be repaid at any time within three years;

3. In preparation for the time when repayment of principal and interest will not be made until June 18, 2018, the debtor shall set up a collateral security at the second and second market price as of June 19, 2018.

In addition, the debtor should deliver the mortgaged vehicle to be sold, and actively cooperate in the legal procedure following the sale of the vehicle.

4. The obligee shall set up a collateral security by the time the principal is paid only for the vehicle belonging to C equivalent to KRW 310,000,000 (310,000) and, at the time of sale of the vehicle first collateral security within three years, set up a collateral security in substitution for the new vehicle and the middleest vehicle.

On June 19, 2015, the Plaintiff agreed to grant a loan of KRW 3750,000,000 per month and June 18, 2018 to D who operated the Dispute Resolution Co., Ltd. as follows.

B. On June 19, 2015, the Plaintiff paid KRW 300 million to D, and D set up a collateral security amount of KRW 310 million in total with respect to 11 vehicles in the Dispute Resolution Co., Ltd.

C. Around April 2016, D entered into an agreement with the Plaintiff with a view to selling the said C vehicle and purchasing a new vehicle in the name of the Defendant, and the Plaintiff cancelled the existing collateral security in accordance with the said agreement.

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