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Reasons
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(영문) 부산지방법원 2019.03.21 2018나5130
대여금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion ① (a) leased KRW 80 million on September 12, 2012 to D (hereinafter “D”) operated by the Defendant, and KRW 30 million on January 14, 2013, each due date set at 36% on July 13, 2013 and interest per annum; and (b) the Defendant and the Appointor C (hereinafter “Defendant and Appointor C”) jointly and severally guaranteed the said obligation.

(or E lent the above money to the defendant side, and the plaintiff acquired each of the above loans from E.

② The Plaintiff loaned KRW 50,194,319,00 to D on September 12, 2012, and leased KRW 50,194,319,00 from around that time to August 12, 2015, and the Defendant’s side guaranteed the said obligation.

(B) The Plaintiff lent the above money to the Defendant (or from November 26, 2012 to November 25, 2013, the Plaintiff paid KRW 34,898,465 out of the interest on the loans stated in the above paragraph (1) to E.

④ Meanwhile, D or Defendant’s side paid KRW 81,250,000 in total from October 5, 2012 to August 12, 2015.

⑤ Therefore, the Defendant is jointly and severally liable to pay to the Plaintiff the aforementioned KRW 1,2,94,319 (=80,000,000 KRW 30,194,00,000 - KRW 50,194,319 - KRW 81,250,00) and the interest on the substitute payment indicated in the above paragraph ③ KRW 113,842,784 (=78,94,319, KRW 34,898,465) and damages for delay.

B. 1-2

A. (1) With respect to the loan amounting to KRW 30 million from January 14, 2013 among the claims described in paragraph (1), E shall annually be 36% of the interest rate of KRW 30 million to D on January 14, 2013, and the due date specified on July 13, 2013 (hereinafter “instant loan claim”), the Defendant’s joint and several surety of the above loan obligation, and E shall transfer the said claim to the Plaintiff on February 5, 2018, and notify the Defendant of the transfer of the transfer of the claim to the Defendant on February 12, 2018, and at that time, the fact that the notification was received from the Defendant on that date is disputed between the parties.

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