207 Ghana 104283 Loans

Stock Company

Heading Director A

Law Firm Jeongdong International, Counsel for the defendant-appellant

Attorney Kim Sung-soo

Kim (74 years old, South)

Attorney Cho Yong-ok, Counsel for the plaintiff-appellant

November 6, 2009

December 11, 2009

1. The plaintiff's claim is dismissed. 2. The costs of lawsuit are assessed against each party.

The defendant shall pay to the plaintiff 10 million won with 24% interest per annum from January 22, 2002 to the date of full payment.

1. Facts of recognition;

A. A. Around June 1997, the Defendant’s father Kim C1 was bound by the violation of the Illegal Check Control Act, etc., and thus, it was necessary to pay KRW 100 million as criminal agreement amount, etc.

B. Kim Jong-C1 had the defendant, a woman Kim Jong-, and a branch Kim Jong-C3 (hereinafter the defendant et al.) lent money by requesting the head of the representative director of the plaintiff company having business relations to the head of the company. On November 6, 1997, the defendant issued one promissory note of KRW 100 million at the face value as of November 30, 1998 and the due date. The defendant endorsed Kim C3 and Kim Jong-C2 respectively, and asked the head of the defendant et al. to borrow money when he delivers it to the head of the company.

D. Around that time, the head of A requested that thisC4 had no money and borrowed 100 million won with an agreement on two copies of interest monthly. A around November 6, 1997, around the second floor of the building of this C4 located in the Seocho-dong, Busan Metropolitan City, issued the said promissory note to the Defendant, etc., and the due date for payment was set on November 30, 1998 and lent the said money again to this C4 without going through the said agreed interest.

E. Kim 2 wired a total of KRW 16 million up to September 14, 1998, including transfers of KRW 2 million from the national bank account (Account Number: 107-01-X-X) of thisC4 to the National Bank account (Account Number: 107-01-X-X).

F. Meanwhile, from August 1997 to December 2 of the same year, the Plaintiff paid KRW 150 million to the Defendant as the investment in waste disposal business. The Defendant delivered to the Plaintiff a promissory note (endorse each payment date: August 1, 1998, Kim C3, Kim C2) with a face value of KRW 30 million at the face value of August 1, 1997, and a promissory note with a face value of KRW 50 million at the face value of August 1, 1997 (payment date: Kim CC3, Kim C2, each of the endorsement of August 1, 1998, and each of the promissory notes with a face value of KRW 50 million at the face value of KRW 50 million at the face value of August 1, 1997, respectively) and each of the promissory notes with a face value of KRW 70 million at the face value of December 2, 1997.

G. The Defendant, etc. paid the Plaintiff KRW 20 million on October 23, 2001, KRW 20 million on November 30, 2001, KRW 30 million on December 3, 2001, KRW 15 million on March 6, 2002, KRW 40 million on April 29, 2002, KRW 35 million on May 29, 2002, KRW 25 million + KRW 10 million on July 25, 2002, KRW 20 million on September 28, 2002, KRW 30 million on December 15, 201, KRW 200,000 on December 21, 201, KRW 300,000 on December 14, 2012.

H. Kim C3, who was the co-defendant of the instant lawsuit, was the co-defendant of the instant lawsuit at the time of the Defendant’s joint and several liability for the loan funds, and the Plaintiff’s claim was accepted on June 27, 2008.

[Reasons for Recognition: Facts obvious in the record, the fact that the plaintiff is the person, evidence A of Nos. 1 through 10 (including each number), witness AC4, defendant himself Kim C3, the purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. The assertion

On November 6, 1997, the Plaintiff loaned KRW 100 million to the Defendant on November 30, 1998 due date under the joint and several guarantee of Kim CC3. From January 7, 1998 to September 14, 1998, the Defendant, etc. was paid KRW 16 million as interest during the period from January 7, 1998 to September 24, 1998. Meanwhile, from May 29, 2002 to November 21, 2002, the Plaintiff was paid KRW 85 million + KRW 5 million + KRW 20 million + KRW 40 million + KRW 1.2 million with interest accrued during the period from January 29, 2002 to KRW 1.2 million with the obligation to repay the loan amount of KRW 1.2 million to the Plaintiff (the remainder of the Defendant, KRW 1.5 million + KRW 1.2 million with the obligation to repay the loan amount of KRW 1.2.1.2 billion per annum).2 billion.

B. Determination

(1) In a case where an obligor, who bears a debt of a promissory note, with which interest is agreed upon against a creditor and a bank that does not have an agreement on interest, fully pays the debt of a promissory note, the appropriation of the debt of a promissory note, not first, is unlawful (see Supreme Court Decision 71Da1560, Nov. 23, 1971).

(2) As to the instant case, the Plaintiff’s instant loan claim against the Defendant and the claim for the return of the said investment amount were due on November 30, 1998 and August 1, 1998. The former has no interest agreement while the latter has no interest agreement, and the latter has no interest agreement, and the Plaintiff, etc. received from the Defendant, etc. from October 23, 2001 to May 29, 2002, KRW 150 million (20 million + KRW 20 million + KRW 30 million + KRW 15 million + KRW 15 million + KRW 40 million + KRW 25 million) should be appropriated first in the repayment of the former. Accordingly, the repayment must be made (less than KRW 15 million).

(3) ① On July 6, 1998, 200- October 23, 2001 (if the Plaintiff appropriated interest of KRW 16 million for the interest that was paid as interest, until July 5, 1998): Interest KRW 100,000 x 1206 x 365 x 0.24 x 0.24 x 79,298,630 x 59,298,630 x 20 million from October 23, 2001.

② On October 24, 2001, 2001, the interest accrued on November 30, 2001: KRW 100,000 x 38 days/365 x 0.24 x 2,498,630 x 41,797,260 won (59,298,630 won + KRW 2,498,630 - 2,630 - 2,000 won) remaining after appropriation of reimbursement of KRW 20 million on November 30, 201.

③ On December 1, 2001, December 3, 2001: Around December 1, 2001: KRW 100 million x 3/365 x 0.24 = 197,260 x 30 million on December 3, 2001, the interest remaining at KRW 11,994,520 (including KRW 41,797,260 + KRW 197,260 to KRW 300,00).

④ On December 4, 2001, - Interest accrued - 100 million won x 93 days/365 days x 0.24 x 6,115,068 won x 15 million won on March 6, 2002, 3,109,58 won (11,94,520 won + 6,115,068 won to 15 million won).

⑤ On March 7, 2002, April 29, 2002: KRW 100 million x 0.24 x 365 x 0.24 x 3,550,684 x 40 million on April 29, 2002, the principal remaining after appropriation for reimbursement of KRW 66,660,272 ( KRW 100 million + KRW 3,109,58 ＋ KRW 3,550,684 - 40 million).

(6) On April 30, 2002, May 29, 2002: An amount of KRW 66,660,272 x 30 days x 365 x 0.24 x 0.24 x 1,314,942 x 32,975,214 won (66,60,272 won + 1,314,942-3,5 million won) remaining after appropriation for repayment.

(7) On May 30, 2002, 200- July 2, 2002: Belgium 32,975,214 won x 34 days x 365 won x 0.24 days x 0.24 x 7,199 won x 28,712,413 won (32,975,214 won + 737,199 won -5 million won) remaining after appropriation for discharge.

(8) On July 3, 2002, September 18, 2002: An amount of KRW 28,712,413 x 79 days x 365 x 0.24 x 0.24 x 10,203,85 won (28,712, 413 + 1,491, 472 - 20 million won) remaining after appropriation for reimbursement of KRW 10,203,85 won (28,712, 413 won + 1,491, 472 won).

(9) On September 12, 2002, 19.- November 12, 2002: the principal remaining after appropriation for the repayment of KRW 10,203,885 won x 0,203,885 won x 0.24 x 0.24 x 0.24 x 369,017 won x 40 million won on November 12, 2002 - the principal remaining after appropriation for the repayment of KRW 29,427,098 (10,203,885 won + 369,017-40 million).

(4) As seen earlier, it can be seen that the Plaintiff’s instant loan claims against the Defendant were fully repaid on November 12, 2002.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge Sung-il