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(영문) 서울고등법원 2017.11.15 2017나2003282

대여금

Text

1. Of the part concerning the counterclaim of the first instance judgment, the following amount exceeds the amount ordered to be paid.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. (1) The Defendant, a dentist, raised approximately KRW 300 million from E, a non-medical person, around January 2008, using the funds as the interior cost, building lease deposit, medical device purchase cost, etc., and Cental clinic (hereinafter “instant hospital”).

2) On December 21, 2007, the Defendant drafted a trade agreement with E (Evidence A and the major contract content are as shown in Attached Table 1; hereinafter “E”).

B. On September 3, 2009, the Plaintiff prepared a sales contract (Evidence 6-2, No. 6-2, No. 300,000,000,000 won for the instant hospital and the Defendant) with the content that the Plaintiff purchased the instant hospital at KRW 310,000,000,000 for the purchase price (Article 30,000,000 won for the instant hospital) (Article 30,000,000 won for the instant hospital) (Article 30,000,000 won for the instant hospital and KRW 30,000,000 for the instant hospital) (Article 30,000,000,000 won for the instant hospital and KRW 18,00,000 for the remainder on September 15, 200) (Article 30,000,000 won for the instant hospital and KRW 30,000 for the instant contract).

Accordingly, E prepared a receipt that received KRW 310 million with the purchase price for the instant hospital and issued it to the Plaintiff.

C. On December 26, 201, the amount of debt of the plaintiff and the defendant on December 26, 201 between the plaintiff and the defendant shall be KRW 370 million and all the amount of debt between the plaintiff and the defendant.