KCC 11249, 1270/2016
This case involved the terms of a loan contract and whether a disability the claimant suffered had entitled him to repayment of some of the money.
Background
A claimant filed a case against two defendants before the court. He requested the court to appoint a committee of coroners in order to check his medical status. He also requested the court to order the first defendant, along with the second one, to pay him 15% of the instalments he had received from him. He said that he had signed a loan agreement with the first defendant and that the agreement stipulated that the lender should pay him back part of the instalments if he suffered from a disability.
The court ruled that the first defendant should pay the claimant 15% of the instalments he had received from the claimant. The court said that the second defendant should pay the first defendant the amount he had paid to the claimant.
The first defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and upheld the appealed ruling.
The two defendants appealed the ruling before the court of cassation.
Decision
Appeal No. 1249/2016: