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(영문) 서울고등법원 2015.02.10 2014나43108

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim, appeal and this Court.

Reasons

1. In accordance with the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, the part concerning the main lawsuit of the judgment of the court of first instance shall be quoted for this judgment

However, the following judgments shall be added:

2. The defendant asserts that the court did not have received 10 million won cashier's checks from the plaintiff in relation to the Notarial Deed of the Promissory Notes in this case.

However, the following circumstances are revealed in the circumstances of the first instance court, the evidence of the first instance court, and the statement of Eul No. 15, etc., i.e., ten copies of the above cashier's checks were deposited from the Plaintiff's account D and were received at the point of S.C. Dap Bank (at the time, "Japan Bank") on May 18, 2014 (the receipt No. 0231523, the receipt No. 023). The above bank No. 10 million won cashier's checks were traded by the Defendant or the Defendant's wife. The Defendant asserted that ten copies of the above 10 million won cashier's checks were to be invested in the F Co., Ltd. (at the time when the Plaintiff operated, G Co., Ltd.). However, the Plaintiff and the above company's joint representative director was paid to the Defendant on 100,000 won on 10,500 won on 14, 2005.

In addition, the defendant also asserts that the extinctive prescription of the principal and interest of the loan of this case has expired, but the extinctive prescription of the principal and interest of the loan of this case has been ten years pursuant to Article 162 of the Civil Act, and the plaintiff filed the lawsuit of this case on December 31, 2012, which was within ten years from December 31, 2005, the due date for payment of the principal and interest of the loan of this case, and thus, this part of the

3. The judgment of the first instance court at the conclusion is justifiable.

The defendant's appeal is dismissed.