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(영문) 부산고등법원 2019.04.17 2018나56049
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the basic facts is as stated in Paragraph 1 of the first instance court’s decision, except where the corresponding part of the judgment of the first instance is used or added as follows. As such, this Court shall accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act

In the fourth or second sentence of the judgment of the court of first instance, the submission of the “agreement” and “application for withdrawal of a lawsuit and for non-compliance with punishment” in the first or second sentence of the judgment of the court of first instance shall be made by submitting the “Agreement” as shown in the attached Table 1 (hereinafter “instant agreement”) and “application for withdrawal of a lawsuit and for non-compliance with punishment” (hereinafter “application for non-compliance with punishment of this case”) such as the attached Table 2.

A. On February 5, 2018, the lower court added “The Plaintiff received KRW 35,500,000 from the Busan District Court’s Branch Branch Branch on February 5, 2018,” and added “No. 5” to “No. 13 through 14 [Grounds for Recognition].”

A. The Plaintiff’s assertion 1) On April 28, 2014, the Plaintiff amounting to KRW 200,000,000 (hereinafter “the first loan”) to the Defendant.

) B, June 17, 2014, KRW 150,000,00 (hereinafter “instant secondary loan”); and, in addition to the instant primary loan, “each of the instant loans” is deemed as “each of the instant loans.”

(2) Each loan was lent to the Plaintiff. (2) The Defendant requested the Plaintiff to reach an agreement in order to receive favorable sentencing in the relevant criminal procedure that was conducted upon the Plaintiff’s complaint. In the process of the agreement, around August 9, 2017, the Plaintiff and the Defendant entered into an agreement with the Plaintiff that the Plaintiff shall pay interest at an interest rate of 15% per annum for all of the loans of this case 350,000,000 per annum from the respective lending date.

On September 6, 2017, the Plaintiff prepared the instant agreement and the instant written application for the penalty against the Defendant, taking into account the foregoing interest payment agreement, and the Defendant submitted the instant agreement and the instant written application for the penalty in the relevant criminal procedure, which are favorable to the Defendant.

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