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(영문) 대구고등법원 2019.08.29 2018나25824

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Assertion and determination

A. In full view of the purport of the entire pleadings as to the cause of the claim by Gap’s evidence Nos. 1 and 2, and Eul evidence Nos. 6 (including spot numbers, if any; hereinafter the same shall apply), the Plaintiff may recognize the fact that on September 9, 201, the Plaintiff lent KRW 400,000 to the Defendant on Oct. 8, 201 (the period of lease may be extended through consultation with the original Defendant) by determining the amount of KRW 400,000 to the Defendant on September 9, 201.

(1) The Plaintiff asserted to the effect that “A” was forged, and that “A” was forged, and that the Plaintiff was repaid the principal amounting to KRW 100,00,000 from the Defendant on December 26, 2011.” Meanwhile, the Plaintiff voluntarily acknowledged the fact that the Plaintiff was repaid the principal amount of KRW 100,000 from the Defendant on August 21, 201.

Therefore, barring any other special circumstances, the Defendant is obligated to pay the remainder of the loan amount of KRW 300,000,000 and delay damages therefor to the Plaintiff.

B. On December 7, 2011, the Defendant’s employees C sent KRW 300,000,000 to D’s regular director on the Defendant’s argument as to the Defendant’s defense. D transferred KRW 300,000,000 to E’s representative director on December 9, 201, and D repaid the remainder of KRW 300,000,000.

[The first instance court stated that “the Defendant paid KRW 300,000,000 to the Plaintiff on December 7, 2011,” in the judgment, the Defendant’s assertion that “the Defendant paid KRW 300,000,000 to the Plaintiff on August 7, 201,” which appears to be based on the Defendant’s statement Nos. 9 through 11 as of August 21, 2018. However, the Defendant stated that “D paid KRW 300,000,000 to the E Bank account of the representative director of the Plaintiff on December 7, 2011, according to the Defendant’s evidence No. 8-1 and No. 17, 200,000 among loans, the Defendant paid KRW 30,00,000 among loans under the name of the EF bank account of the representative director of the Plaintiff on December 9, 2011.” Meanwhile, according to the Defendant’s evidence No. 8-1 and No. 17, the Defendant’s.