beta
(영문) 서울고등법원 2016.09.01 2016나2005458

대여금 등

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the court's explanation is the same as the reasoning of the judgment of the court of first instance, except for addition and addition as

The plaintiff of the 3rd 12th 12th eth eth eth eth eth 7,61,01 of the second eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth 3th 1,22, 4 through 8, 11, 15th eth eth eth eth eth eth eth eth eth eth eth 147,61, 23-1 through 6, 2700 won e. 1. 5th e. e. e. 201. e.

On the other hand, the defendant provided a passbook or cash card with which the loan of this case was deposited to the plaintiff, but argued that it was not for the repayment of the loan but for the repayment of the loan, and that it was lent to the plaintiff separately.

In the following circumstances, Gap evidence No. 7-1, 2, Gap evidence Nos. 13, 18, and Eul evidence Nos. 9-1 through 3, the whole purport of the pleadings is comprehensively taken into account. In other words, the plaintiff, who was a able to consult with the defendant about December 2, 201, demanded the defendant to pay part of the loan with a loan of KRW 150 million as security, and in return for the cancellation of the notarial deed of this case.