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(영문) 부산고등법원(창원) 2017.04.13 2015나23423
약정금 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to loan claims

A. The gist of the parties’ assertion 1) Plaintiff lent a total of KRW 256 million to the Defendant from around 2009 to around 2012 without setting interest and due date, as stated in the attached Form.

B) Meanwhile, according to the financing bill agreement concluded with the Defendant, the Plaintiff issued a promissory note of KRW 3,072,70,703,300 from around 2009 to around 2013, and received a total of KRW 3,256,686,460 from the Defendant, and thus, the Plaintiff shall return the excess unjust enrichment of KRW 183,983,160 (= KRW 3,256,686,460 - 3,072,703,70) to the Defendant. C) If the Plaintiff offsets the Defendant’s loan claim and the Defendant’s claim for return of unjust enrichment, the Defendant is liable to pay the Plaintiff the remaining loan claim of KRW 72,016,840 (=25,600,000 - KRW 183,983,160) and damages for delay.

2) Defendant A) did not borrow KRW 15 million as the purchase price for heavy shock machines around 2012, such as the attached loan details No. 14, among loan claims asserted by the Plaintiff.

B) Of the Promissory Notes asserted by the Plaintiff, the face value of KRW 11.2 million is KRW 3,061,503,300,000, which is paid for the goods. Therefore, the Defendant paid KRW 3,50,000,000,000 (= KRW 3,072,703,300 - 1,120,000) of the Promissory Notes delivered as a financing bill. In addition, in addition to KRW 3,256,686,460, which the Plaintiff is the person who is the recipient of the loan, the Defendant endorsed and transferred the Promissory Notes issued as a settlement bank, and paid KRW 35,00,000,000,000,000 for the total amount of KRW 5,010,000,000,000,0000,000,0000,000,000,000 won.

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