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(영문) 서울동부지방법원 2017.06.14 2016나26756

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court's explanation concerning this case is as follows: the second "1. Judgment on the plaintiff's claim" at the end of the judgment of the court of first instance, other than adding the following contents to the reasoning for the judgment of the court of first instance; therefore, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the additional portion, the defendant merely borrowed KRW 100 million without the interest agreement on March 20, 2004, and did not borrow additional KRW 100 million on February 18, 2005, and the above additional amount was fully paid with interest for KRW 100 million on March 20, 2004, including interest for delay, the plaintiff's claim is groundless.

However, from April 2004 to February 2005, the defendant paid 200,000,000 won, equivalent to the interest of 100,000 million won per month to the plaintiff during the business from February 2005. From March 2005 to June 2005, the defendant paid 4,000,000 won, equivalent to the interest of 20,000,000 won per month from March 20 to June 2005, and the plaintiff did not appear to have any circumstance or relationship to lend money without interest to the defendant without interest agreement. In addition, the witness C of the first instance trial (the witness C was the plaintiff's birth, but when considering other evidence submitted by the plaintiff, the witness's testimony is judged to be credibility in the witness's testimony after considering the whole purport of the arguments, and the plaintiff's assertion that the plaintiff paid 10,000 won to the defendant as the above interest rate was not reasonable, and there was no reason to set the defendant's loan to the plaintiff.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.