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(영문) 광주고등법원 2020.08.19 2019나22431
청구이의
Text

The judgment of the first instance is modified as follows.

The defendant's Gwangju District Court Decision on May 15, 2008.

Reasons

1. Basic facts

A. On March 14, 2005, C, a partner of the Defendant, agreed to lend KRW 200 million to G on March 14, 2005. Upon G’s request, C transferred KRW 196 million after deducting KRW 4 million from prior interest in the U’s account in the certified judicial scrivener office’s name. On March 31, 2005, G transferred KRW 15.9 million to the V association account in the Plaintiff’s name, who works as the head of the said certified judicial scrivener office’s office’s office’s office’s office’s request. As to this, the Plaintiff transferred KRW 15.9 million to the Plaintiff, the Plaintiff, and the Plaintiff’s promise to pay KRW 20 million until April 21, 2005, respectively, and ② thereafter, written promise to pay KRW 210,4200,000,000 to C by April 21, 2005.

(3) On May 21, 2007, C filed a lawsuit against the Plaintiff, etc. seeking a loan claim, an agreed amount claim, a damages claim based on a tort, and payment of the damages for delay (the Gwangju District Court Decision 2007Gahap4334, May 4, 2007). The above court rendered a judgment of winning part of C on May 15, 2008.

Based on the instant written statement, “the Plaintiff shall pay C 20 million won with 5% interest per annum from May 29, 2007 to May 15, 2008, and 20% interest per annum from the next day to the day of full payment.” On the other hand, the Plaintiff’s claim for loans and claim for damages arising from tort is dismissed.

(2) The contract amount judgment of this case became final and conclusive on July 9, 2008 in relation to the plaintiff. The contract amount judgment of this case became final and conclusive on July 9, 2008.

B. Compulsory execution based on the instant contract deposit judgment and the transfer of the instant contract deposit claim 1C on June 5, 2018, the Plaintiff’s association, etc. with the claim claim.

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