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(영문) 춘천지방법원 2014.08.14 2013나6524

대여금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for any additional modification below. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the third bottom of the judgment of the court of first instance to the fourth second second half, the following changes shall be made:

“B. (1) The Defendant did not pay working expenses to E and F in relation to the field of the field of the field of the Young-month C and D, and paid on behalf of the Defendant KRW 500,000,000 on November 29, 201, KRW 3050,000 to E, and KRW 1050,000 on December 27, 2012, and KRW 1050,000,000,000 to F, it is a defense to the effect that it offsets the Plaintiff’s claim for reimbursement against the instant loan by the claim for reimbursement against the Plaintiff based on the payment by subrogation. (2) According to the evidence No. 3, although the Plaintiff was deemed to have remitted KRW 5 million to E on December 9, 2011, the above facts of recognition and the statement of evidence No. 18 through No. 200 (including number) are not enough to acknowledge that the Plaintiff paid the above debt to E and there is no other evidence to acknowledge that the Plaintiff’s claim for payment of the foregoing debt.

2. Additional matters to be determined;

A. The Plaintiff’s assertion stated that the Defendant repaid KRW 5 million to the Defendant in the application for the instant payment order means that: (a) the Defendant loaned KRW 25 million to the Defendant; and (b) the Defendant additionally lent KRW 5 million to the Defendant on January 3, 2012 after deducting KRW 15 million from the remainder of the loan; and (c) the Plaintiff was paid KRW 5 million after having received reimbursement from the Defendant on August 28, 2013; and (d) it does not mean that the Plaintiff received reimbursement of KRW 10 million,00,000,000,000, including KRW 6 million on February 11, 2011, and KRW 4 million on April 1, 2011, separately from the Plaintiff’s statement that each Plaintiff would deduct KRW 15 million from the loan.

B. We examine the judgment, and ① The Plaintiff.