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(영문) 부산고등법원 2016.04.28 2015나52848
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act

2. The Plaintiff, based on the loan certificate of this case, sought payment of KRW 515 million and damages for delay on the ground of the claim, against the Defendant.

As cited above, it is recognized that the loan certificate of this case was prepared between the Plaintiff and the Defendant that the Defendant borrowed KRW 515 million from the Plaintiff at an annual interest rate of 10%, and that the Defendant paid monthly interest equivalent to 10% per annum for the Plaintiff from June 2004 to July 11, 2005, the time when the loan certificate of this case was drawn up by the Defendant.

According to the above facts, it is reasonable to view that the Plaintiff lent KRW 515 million to the Defendant (hereinafter “instant loan”) on or around June 2004, the loan certificate of this case was prepared, barring any other circumstances.

In regard to this, the defendant did not separately lend KRW 515 million to the defendant, but argued that the defendant agreed to make a quasi-loan for consumption with respect to KRW 515 million, which is the sum of the purchase price for the plaintiff's share in the land located in the hospital of this case and KRW 57.5 million, which is the sum of KRW 7.5 million, which the defendant did not pay to C, among the land located in this case. However, there is no objective evidence supporting the defendant's argument. However, the plaintiff did not substitute for the payment of the land located in this case's hospital of this case, or the plaintiff actually made a single claim with respect to KRW 50 million on the basis of the loan certificate of this case, regardless of whether the plaintiff lent KRW 50 million to the defendant, or whether the plaintiff actually made a single claim with respect to KRW 515 million.5 million,

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 515 million and the interest or delay damages thereon.

3. The defendant's reimbursement.

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