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(영문) 부산고등법원(창원) 2020.07.23 2019나12995

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) “Until June 9, 201,” which was set forth in the second section of the lower table at the second section of the judgment of the court of first instance, read “Until June 9, 201, 160,000 Won”) to read “Until June 9, 2011, KRW 160,000 (Won)”; and (b) it is identical to the description of the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the Defendant’s assertion emphasized or added at the trial as prescribed in

2. Additional determination

A. The summary of the Defendant’s assertion is that the Plaintiff, internally between the Plaintiff and the Defendant, owns each of the instant real estate in the form of KRW 260,00,000,000, and the Plaintiff shall own the real estate in the form of KRW 260,000,00, and the external ownership shall be left for the Defendant from June 13, 201, and the Defendant shall lease each of the instant real estate to the Plaintiff and pay the lease proceeds therefrom to the Plaintiff. It is a bilateral real estate title trust agreement and a contract

Therefore, the defendant is only obligated to return each of the real estate of this case to the plaintiff upon the expiration of the above three years, and does not have the above 260,000,000 won.

B. The Plaintiff and the Defendant, which indicated the terms and conditions of the instant agreement, revised part of the expressions that did not comply with or colored in accordance with the Plateral Law among the content stated in the instant agreement, which read that “the Defendant would pay the Plaintiff KRW 2,400,00,00 that the Defendant would monthly pay the Plaintiff for three years” (hereinafter “instant agreement”).

The same applies below. In light of the fact that the purport is indicated, and the amount of the monthly payment made by the Defendant to the Plaintiff after the lapse of the three-year period stipulated in the instant agreement, etc., the instant agreement appears to include the agreement on a loan for consumption, which is a typical contract, in part different from the agreement on a loan for consumption.

However, in these circumstances, Gap evidence Nos. 1 and 4 (including the number of pages) are written.