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Reasons
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(영문) 부산지방법원 2015.07.14 2014나13881
대여금
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1. Of the judgment of the court of first instance, the part against Defendant B, which corresponds to the following order of payment:

Reasons

1. Facts of recognition;

A. Defendant B and D entered into an agreement with the Plaintiff (the Plaintiff’s attorney-at-law, the Plaintiff’s attorney-at-law) to pay 60 million won as a honorarium to the Plaintiff after winning the lawsuit (the Plaintiff’s attorney-at-law) on the Unaccompanied Engineering Co., Ltd. (hereinafter “instant lawsuit”).

B. As a matter of the special agreement of the above Agreement, the following are written:

Matters to be entered in the Special Agreement: (Matters not entered in the Wartime Special Agreement)

1. The costs of lawsuit are KRW 6,000,000 (referring to stamp, service charge), each of which is divided by the Plaintiff’s KRW 2,00,000, Defendant B’s KRW 2,000,000, and KRW 2,00,000.

2. Defendant B and D shall pay to the Plaintiff the share of KRW 2,00,000 for each of the costs of lawsuit by June 30, 2011.

(No interest shall be exempted, but no interest shall be paid in arrears per day).

During the proceeding of the first instance court, D paid KRW 3 million to the Plaintiff, and the Plaintiff voluntarily withdrawn the lawsuit against D.

[Ground for Recognition: Facts without dispute, Gap evidence 4, Eul evidence 1-1, Eul evidence 1-1, witness D's partial testimony, purport of whole pleadings]

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion that Defendant B and D lent the litigation cost of KRW 6 million, KRW 5,500,000,000 to Defendant B and D, and KRW 11,50,000,00 to the attorney’s fee, and Defendant B and D agreed to return this to the Plaintiff. As such, Defendant B is obligated to pay the Plaintiff the amount of KRW 5,750,00 ( KRW 1,500,00) and the damages for delay.

B. It is insufficient to view that the Plaintiff lent to Defendant B and D the total of KRW 6 million of the litigation cost of this case and KRW 1,500,000 of the attorney’s cost of this case on the sole basis of the written evidence Nos. 4, 1-1 of the evidence Nos. 4, 1-1 of the evidence No. 1, and part of the testimony of witness D of the party trial witness D, and there is no other evidence to

Rather, according to the above facts of recognition, the above facts are examined.

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