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(영문) 대구고등법원 2020.09.10 2019나25319

대여금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.

(A) If the Defendant’s assertion and evidence submitted by the court are examined, it is reasonable to make the first instance judgment, except where the Defendant’s assertion of set-off is modified as follows. On the 6th instance judgment, “1,019,000 won” in the 17th instance judgment is amended to “819,000 won.”

8 and 19 of the first instance judgment’s text “140,000 won” (=20,000 won (=9,181,000 won) KRW 19,90,000) shall be amended to “139,990,00 won (=20 million KRW KRW 19,000)” (=9,181,000 KRW 819,000).

In the second 8th 20th 20th son of the judgment of the court of first instance, "no reason exists" (the plaintiff added part of this court, under the premise that the plaintiff and the defendant were in a partnership relationship, to claim payment of 149,045,254 won (or at least 12,660,000 won) stated in the purport of the claim as part of the distribution of residual property following the termination of the partnership relationship under the premise that the plaintiff and the defendant were in a partnership relationship, and then withdrawn the appeal. Accordingly, it shall be deemed that the plaintiff has withdrawn his claim for payment of the above residual property distribution. Even if it is not so, it is difficult to find that the submitted evidence alone was in a partnership relationship with the plaintiff and the defendant, and it is not acceptable to accept the above argument on the premise that there was a partnership agreement between the plaintiff and the defendant on the partnership or investment. However, it is reasonable to deem that the partnership or investment agreement was concluded even if there was a definite agreement on the partnership relationship with the plaintiff and the defendant."