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(영문) 수원지방법원 2015.04.09 2014나36501
대여금
Text

1. Revocation of the part against the defendant exceeding the amount ordered to be paid under the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. A. Around April 2013, the Plaintiff became aware of the Defendant, who had been working at his place through the C Licensed Real Estate Agent Office, and started teaching system with the Defendant around that time.

B. On April 2013, the Defendant requested the Plaintiff to lend money to the Plaintiff, such as “when the Defendant had filed an application for the establishment support fund for the preparation of a real estate office’s opening business, he/she would repay the said subsidy if he/she did so.” The Plaintiff requested the Defendant to lend money to the Defendant on May 2, 2013, and the same month.

4. Four million won, and the same month.

9. A loan of KRW 2 million and KRW 8 million in total (hereinafter “instant loan”).

C. On April 29, 2013, the Plaintiff lent his/her credit card (credit card) to the Defendant for the same year.

6.9. Receiving the return. The Defendant did not pay KRW 4,068,744 out of the credit card price used during the above period (hereinafter “instant credit card price”). D.

On May 27, 2013, the Defendant obtained automobile installment loans from the KFF Capital Co., Ltd. (formerly, Korea Exchange Co., Ltd.) (formerly, hereinafter “instant vehicle”). Upon the Defendant’s request, the Plaintiff jointly and severally guaranteed the Defendant’s loan obligations.

E. Since then, the Plaintiff experienced conflicts due to the Defendant’s demand for additional loans, etc., and was affiliated with the Defendant on June 2013.

F. Meanwhile, on the other hand, the Defendant unpaid the installment payments of the instant vehicle, and on September 13, 2013, the creditor KF Capital Co., Ltd appropriated the payment of KRW 21,776,810 of the principal and interest of the instant vehicle as the proceeds of sale of the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 7, Gap evidence No. 8-2, 3, and 8-8, fact-finding results of the court of first instance to the KF Capital Capital Co., Ltd., and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. According to the judgment on the cause of the claim 1, the loan of this case and the credit card payment part above-mentioned facts are special.

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