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(영문) 서울남부지방법원 2016.01.14 2015나4165
이득상환청구 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff filed a claim against B and the defendant as stated in the purport of the claim. The court of first instance dismissed both the plaintiff's primary claim against B and the defendant and the plaintiff's conjunctive claim against B, and partly accepted the plaintiff's conjunctive claim against the defendant.

As the defendant appealed, the object of this court's trial is limited to the plaintiff's preliminary claim against the defendant.

2. Judgment on the plaintiff's conjunctive claim against the defendant

A. The judgment on the cause of the claim was made to the Defendant, who runs a wholesale business of medical appliances with the name of “D”, and the Defendant issued two copies of the number of units per 25 million won per 12 million won under the name of the Defendant’s husband on January 12, 201, the amount of KRW 50 million on February 7, 2011, the amount of KRW 23 million on February 15, 2011, the amount of KRW 58 million on April 25, 2011, and the amount of KRW 58 million on April 25, 201 (hereinafter “instant loan”). The Defendant, as security for the instant loan, issued a loan to the Plaintiff at the rate of two percent per 2% per 10 million (hereinafter “the instant loan”). Although the Plaintiff did not have any dispute over the Plaintiff’s share number per 5 million (hereinafter “the instant loan”) or the Defendant’s share number per 800,000 won for each of the instant loans, the Defendant’s total payment number per 1.

According to the above facts of recognition, the Defendant calculated damages for delay calculated by the rate of 24% per annum from February 15, 2011, which is the date of loan the Plaintiff seeks with respect to the remainder of 50 million won among the instant loans and KRW 32 million among them, and from April 25, 2011 to the date of full payment, with respect to KRW 18 million, which is the date of loan the Plaintiff seeks.

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