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Reasons
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(영문) 부산고등법원 2020.02.11 2019나54040
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On April 18, 2013, while the Plaintiff frequently lent money to the Defendant or subrogated for the Defendant’s obligation, etc., the Plaintiff is a loan certificate stating the following (hereinafter “the loan certificate of this case”) from the Defendant around April 18, 2013.

) was prepared and delivered. He confirmed that the amount of the monthly average of KRW 10,000,000,000,000 was the creditor A (the plaintiff borrowed from the debtor).

Details shall be as follows:

1. Interest shall be zero point Seven (0.7) per month;

/Sgd./

2. Time of payment: The date of repayment of principal on April 18, 2013: October 4, 2014; and / The debtor will repay 560,000,000 won by October 17, 2014.

The debtor's name: B(Defendant) address (Omission) / Resident number (Omission) / contact address (Omission): Address: 2) The defendant is the plaintiff on April 18, 2013, the Busan Southern-gu C apartment D (hereinafter referred to as "C apartment") with the plaintiff on April 18, 2013.

2) On November 17, 2016, the Plaintiff asserted on November 18, 2016 that the registration of the establishment of a mortgage was completed with respect to the two buildings owned by the Defendant including the two buildings and two parcels of land, including the Defendant, and the obligor and the maximum debt amount of KRW 650,000,000,000,000,000,000.

Until now, the agreement only paid KRW 3,920,00 (i.e., KRW 560,000 x KRW 0.7%) out of the monthly amount of KRW 3,00,000 (i.e., KRW 560,000) and failed to pay the borrowed principal, and thereafter, the agreement delayed the payment of interest from December 201

2) On February 9, 2017, the Plaintiff filed an application for the auction of real estate for C apartment on February 9, 2017, and on October 31, 2017, C apartment was sold in the said auction procedure, and the Plaintiff paid KRW 415,634,00 of the proceeds from the sale to the Plaintiff on October 31, 2017. [Grounds for recognition] In the absence of dispute, evidence A 1 through 4, and evidence B 1, 7 (a serial number is included).

(c).

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