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Reasons
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(영문) 서울동부지방법원 2016.12.20 2015가단133267
대여금
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1. The Defendant shall pay to the Plaintiff KRW 14,873,236 and KRW 11,432,929 among them, 30% per annum from September 6, 2014 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 16, entry of Eul evidence 1, the purport of all pleadings);

A. On December 2, 2010, the Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)’s loan claims against the Plaintiff Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “instant loan claims”) on December 1, 2010, the Plaintiff and the Nonparty Co., Ltd. agreed to make an immediate appeal against the Seoul Central District Court E, E,F, G, H Case 301, 306, 502 on November 24, 2010, regarding the decision of permission for sale as of November 24, 2010, to deposit the deposit under the name of the mortgagee I, lessee J, and to pay the Plaintiff the income tax calculated at the rate of 3% per month for the above deposit to the Plaintiff on December 1, 2010, the Plaintiff and the Nonparty Co., Ltd. agreed to pay the Plaintiff KRW 301,50,500 per month for the immediate appeal to the Plaintiff on December 1, 2015.

(2) On December 2, 2010, the Plaintiff deposited deposit KRW 10,577,00 (No. 301, No. 24303, 201, 2010), 24,657,000 (No. 306, 2010, 24304, 24304), respectively, in the name of J, deposit for immediate appeal KRW 9,312,00 (No. 502, 2010, 24302) under the name of J. 1.

3) The Seoul Central District Court accepted an appeal filed under the name of J on December 30, 2010, and revoked the decision to permit sale of the said subparagraph 502. Accordingly, the Plaintiff recovered KRW 9,312,00 of the relevant deposit on January 27, 2011. However, the appeal filed under the name of I (Seoul Central District Court Decision 201Ma14) with respect to the said deposit (Seoul Central District Court Decision 201Ma1584) was dismissed on July 11, 201, and the reappeal (Supreme Court Decision 201Ma1584) was also dismissed on September 26, 201. As such, the Plaintiff was confiscated in full (i.e., KRW 10,57,000, KRW 24,657,000).

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