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(영문) 서울중앙지방법원 2016.04.27 2015나37695

양수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. The scope of the trial at the first instance court against the Defendant, the Plaintiff sought the payment of the acquisition amount from Hyundai Capital Co., Ltd. and the acquisition amount from Hyundai Dokdong Credit Union (hereinafter referred to as the “instant union”). The first instance court dismissed all the Plaintiff’s claim, and the Plaintiff filed an appeal only against the claim for the acquisition amount from the instant union, and reduced the purport of the claim and appeal in the first instance court as a statement in the preparatory document dated April 5, 2016.

Therefore, only the portion of the claim for the amount of money taken over from the association of this case that was reduced in the trial of the political party is subject to the judgment of the court of this case.

2. In full view of the purport of the entire pleadings as to Gap evidence Nos. 1-2, 2-2, 3-2, 4, 5, 8, and 9 of the evidence Nos. 1-2, 3-3-2, 4-5, 8, and 9, the association of this case applied for a payment order with the Daejeon District Court 2004Ra129 on the ground that it lent KRW 5,000 to the defendant on Nov. 16, 1999. Accordingly, the defendant applied to the association of this case for a payment order with the principal and interest of KRW 7,180,929 and KRW 5,000 from Jan. 19, 204 to the date of the last delivery of the original copy of the payment order, and the Plaintiff applied the above 18% annual interest rate of KRW 200 per annum from the next day to the date of the assignment of the claim to the defendant on Feb. 16, 2004.

According to the above facts of recognition, the defendant 10,480,977 won and the above 3.