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(영문) 서울고등법원 2018.10.18 2018나2027063

대여금

Text

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

2. All principal lawsuit and counterclaims.

Reasons

1. The reasoning for the court's explanation of this case is added to the fact that the defendant prepared the loan certificate of this case by the plaintiff or the plaintiff's husband D's coercion, even if added to the statement of Eul evidence No. 9 additionally submitted by this court, it is insufficient to recognize the fact that the defendant prepared the loan certificate of this case by the plaintiff or the plaintiff's husband D. In addition, Article 420 of the Civil Procedure Act is identical to the ground for the judgment of the court of first instance except for adding

2. In this case, the Defendant asserts that the Plaintiff did not claim the agreed amount and that the Plaintiff invested money in the Defendant via the Defendant, and that the Plaintiff did not lend money to the Defendant. However, according to the record that the Plaintiff changed the cause of the claim from the first instance court to the agreed amount through a preparatory document as of January 2, 2018, and that according to the overall purport of the entry and pleading in the evidence No. 1 (the loan certificate in this case), the Defendant agreed to pay KRW 400 million to the Plaintiff on March 4, 2017, the Defendant’s assertion on the different premise is without merit.

3. In conclusion, the plaintiff's claim of the principal lawsuit is justified within the scope of the above recognition, and the remainder of the principal lawsuit and the defendant's counterclaim are dismissed as they are without merit. The judgment of the court of first instance is just in conclusion, and all appeals against the defendant's principal lawsuit and counterclaim are dismissed as they are without merit. It is so decided as per Disposition.