대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part is dried or added as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Parts used or added;
A. The second page of the judgment of the court of first instance
(a) The part of paragraph 1 shall be dried as follows:
“The Plaintiff loaned KRW 90,000,000 to Defendant B from March 2, 2007 to September 10, 2009. Of them, KRW 82,100,000 was paid from May 31, 2007 to February 5, 2008. As such, the Plaintiff sought payment of KRW 7,90,000 in the balance of the loan.
다만, 원고는 구체적으로 2007. 3. 13.자 30,000,000원과 2008. 2. 20.자 50,000,000원에 관하여 피고 B로부터 이를 돌려받거나 피고 B에게 돌려준 사실을 자인하고 있으므로, 실질적으로 주장하는 대여금은 당심의 심판범위에서 제외되는 제1항 표 기재 ㉣ 내지 ㉪의 돈을 제외한 ㉠, ㉡, ㉢의 돈이 된다 .'
B. On the third ground of the judgment of the court of first instance, the first instance court’s judgment with “28,50,000 won” as “90,000,000 won.”
C. On the 3rd page of the first instance judgment, the following is added.
‘원고 또한 당심에 이르러 제1항 표 기재 ㉣~㉪까지의 돈에 관하여 대여금이 아님을 인정하고 이를 불복의 범위에서 제외하였다.’
D. No. 11 of the judgment of the court of first instance (hereinafter “32,45,00 won”) No. 3 of the judgment of the court of first instance (hereinafter “324,55,000 won”) is written.
E. On the 7th page of the first instance judgment, the 7th page “(i.e., 116,731,930- 116,731,930- 26,500,000)” was “(i.e., 130,000,000- 116,731,930,93026,50,000).”
3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.