(영문) 서울고등법원 2017.08.22 2016나2058186

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(영문) 서울고등법원 2017.08.22 2016나2058186

구상금

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1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Basic facts

A. On March 24, 2003, the Plaintiff: “The interest rate of KRW 120,000 (5% per month) shall be paid to Return on the 10th day of each month; and upon Return’s demand the return of the borrowed amount, she shall pay the borrowed amount in full within 2 months including the principal and interest rate (hereinafter “the loan certificate in this case”); and on March 24, 2003, the Plaintiff drafted a loan certificate stating that “I will pay in full the borrowed amount within 2 months, including the principal and interest rate,” and signed on the first joint and several surety column of the Plaintiff.

B. C transferred KRW 120 million to an account under the name of the Defendant on March 24, 2003.

C. On March 24, 2003, the Plaintiff: (a) on March 24, 2003, “one hundred million won borrowed from He/she shall be deposited and operated in the passbook under the name of the Defendant; (b) on the date deposited in the passbook of the Defendant, the Plaintiff shall be deemed to have borrowed; and (c) on the Plaintiff’s request, the interest rate shall be deposited in 10% per month (at least 5% for the borrowed amount); and (d) on the borrowed amount borrowed from He/she to his/her joint and several sureties, all acts such as repayment of the place of use and the amount of expenditure shall be used after obtaining the Defendant’s permission; and (d) on the borrowed amount, the Plaintiff shall be reported in detail to the Defendant on the date of each day so that he/she may be identified as at any time as to the borrowed amount; and (d) on the borrowed amount, the Plaintiff shall not comply with the above provisions, and shall be deemed to have been deposited in the passbook of the Defendant, and shall submit separate certificates of cash (hereinafter referred to “No 10”).

D transferred to C, on June 25, 2003, KRW 6 million, and KRW 7.5 million on September 15, 2003, respectively.

E. The plaintiff and D shall deposit 50 million won until March 10, 2004 in order to make the total amount of debt to C on February 6, 2004 not exceeding KRW 120 million.

‘C’ has drawn up a memorandum of confirmation, and D is worth KRW 40 million on February 27, 2004 to the account of C.

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