손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:
1. The scope of this Court’s adjudication (the Plaintiff and Defendant B) claimed KRW 150 million as damages or loans arising from a tort against Defendant B, and separately claimed KRW 100 million as loans.
The first instance court dismissed the portion of the claim for damages due to illegal acts, but partly accepted the loan amounting to KRW 150 million, and dismissed the loan amounting to KRW 100 million.
In this regard, the Plaintiff appealed only on the claim for KRW 100 million, and Defendant B appealed on the claim for KRW 150 million partially accepted loan, and withdrawn it.
Therefore, the scope of the judgment of this court between the plaintiff and the defendant B is limited to the loan 100 million won claim which was dismissed in the first instance trial.
2. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Determination as to the claim against the defendant B
A. The facts acknowledged prior to the determination as to the cause of the claim, and according to the overall purport of Gap evidence Nos. 3, 8, and 9, the plaintiff received a loan certificate of KRW 175 million from Oct. 8, 2007 to Jul. 17, 2008, including the loan money of this case, from Oct. 8, 2007 to the defendant Eul, and the plaintiff transferred KRW 175 million from Dec. 28, 2007 to Dec. 28, 2007; the loan certificate of KRW 50 million from Mar. 13, 2008; the loan certificate of KRW 20 million from Apr. 1, 2008; the loan certificate of KRW 30 million from Apr. 1, 2008 to KRW 250,000 from the loan money of KRW 200,500,0000,000 to the above account of the defendant 208.