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(영문) 부산고등법원 2015.06.30 2014나5425

대여금

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The defendants shall not go against the part "(1)" of Part 3, 10 to 12, 12, 3, 3, 4, 18, 19, 18, and 19, 2, 3, 4, 4, 1, and 2, 300, 200, 300,000 won lent by Gap to defendant D as of December 31, 205, 200, 3,000,000 won as of December 31, 2005, 30, 420,000 won as stated in the judgment of the court of first instance, and this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the part.

【The Defendants, as to the portion altered, are the parts of the land owned by Defendant D, G, and five lots (hereinafter “instant real estate”).

(1) The Defendants asserted that the Plaintiff paid the instant loan in lieu of the payment of the purchase price. However, the evidence submitted by the Defendants alone is insufficient to acknowledge it, and there is no other evidence to support the evidence. Rather, the following circumstances are as follows: (a) At the time of acquiring the ownership of the instant real estate on May 1, 2008, A acquired the ownership of the instant real estate, the entire purport of the pleadings, including evidence Nos. 20, 21-1, 21-2, and 5-2, 5-2, and 9-1, 3, 4, 5, 8, 11-2, and 12-2, 300,000 won, 1.4 billion won, 1.4 billion won, 1.4 billion won, 2006, 300,000 won, 1.5 billion won, 200,000 won, 300,000 won, 300,000 won, respectively,00 won.

(2) The sum of each of the above collateral security obligations was about KRW 1.535 billion (No. 9-4, 2.000 won). < Amended by Presidential Decree No. 20619, Mar. 4, 2008>