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(영문) 수원고등법원 2020.12.02 2020나11878
차용금반환
Text

The plaintiff's appeal and the main claim extended by this court and the supplementary claim are all dismissed.

2...

Reasons

Basic Facts

A. The Plaintiff entered into a loan agreement of KRW 1.5 billion with C Co., Ltd. (hereinafter “Nonindicted Bank”) on November 30, 2007 upon the Defendant’s request by the pro-Japanese Defendant, and changed the trade name to G via E and F.; hereinafter in this case, the trade name was changed to G following the change.)

(hereinafter “instant loan” and “instant loan.” The Plaintiff provided only the name of the loan, but did not receive the instant loan). At the time of the instant loan, real estate in the name of the Plaintiff and the Plaintiff’s wife was offered as security to the Nonparty bank.

On December 3, 2007, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) stating that “I will confirm that I will use the full amount of this loan with respect to the instant loan and that I will return the said loan in full” (hereinafter “instant confirmation”).

B. On August 2010, Nonparty bank applied for a voluntary auction on real estate in the name of Plaintiff and Plaintiff’s wife H offered as security at the time of the instant loan.

The Plaintiff filed a lawsuit against the non-party bank as Suwon District Court 201Kahap5069 seeking confirmation that there is no debt of the instant loan.

On August 22, 2012, the plaintiff and the non-party bank entered into an auction procedure and a lawsuit. On August 22, 2012, the plaintiff and the non-party bank entered into a debt repayment agreement with the effect that "the principal of the debt amount of the plaintiff's non-party bank 2,408,00,000 won shall be determined as 1,512,00,000 won, and the interest rate of KRW 896,00,000 shall be reduced or exempted at each time the principal of the debt shall be repaid to the non-party bank (hereinafter "the repayment agreement of this case") and immediately withdrawn the claim for auction with the plaintiff

C. Since then, the instant loans were treated as having been repaid in the amount of KRW 40 million on December 26, 2012, KRW 80 million on April 22, 2013, KRW 324,240,657 on January 9, 2014, and thus, the repayment was completed in accordance with the instant repayment agreement.

Of the above repayment amount, KRW 400 million on December 26, 2012 at the time of D’s loan.

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