대여금
All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.
The costs of appeal are assessed against the principal office.
1. The first instance court rendered a judgment dismissing the remainder of the claim for counterclaim and the part concerning the claim for counterclaim, excluding the claim for partial damages for delay under the above paragraphs (1) through (3) and the part concerning the claim for compensation for share loss under the above paragraph (4).
As to this, the plaintiff did not appeal, and only the defendant appealed against the part of the principal lawsuit and the counterclaim part, the subject of adjudication in this court is limited to the part against the defendant among the principal lawsuit and the part against the counterclaim claim.
2. The grounds alleged by the defendant in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Thus, the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is comprehensively considered.
Therefore, this court's reasoning is based on the reasoning of the first instance judgment, except for the addition of the following Paragraph 3 to the argument that the defendant uses a part of the appeal as follows, and the defendant emphasizes in this court. Thus, this court's reasoning is acceptable as it is in accordance with the main sentence of
(Provided, however, the part related to the claim for compensation for stock loss in the principal claim is excluded). On the 3th judgment of the first instance court, the phrase “from December 19, 2016 to December 29, 2016” will be read as “from December 29, 2016.”
Each subparagraph 12 of Section 3 of the first instance judgment provides that "A shall be written only with the statement of No. 1, 5, 6, and A shall be written only with the statement of No. 8-1 through 3 of the evidence No. 1, 17, 18, 4, 5, and 5."
Part 7 of the judgment of the first instance court, "Jink, from the defendant" is "Jink, from the defendant".
3. The defendant asserts that the plaintiff's additional determination is the amount of KRW 30 million lent to C, which the plaintiff deposited into the bank account in the name of C on November 16, 2009, and the defendant is not the amount borrowed from the plaintiff.
In this regard, the above evidence and Eul are written in No. 10, and the first instance I Co., Ltd. are ordered to submit financial transaction information.