대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. The reasons for the court’s explanation of the instant case by the court of the first instance are as stated in paragraph (2). The reasoning for the court’s explanation is as stated in the reasoning of the first instance judgment, except where a judgment on the Defendant’s argument at the trial is added in paragraph (3). As such, it is cited in accordance with the main sentence of Article 420
2. Parts to be dried;
A. The first instance judgment of the court of first instance, from Nos. 16 to No. 4, shall be followed as follows.
“Around December 22, 2004, the Plaintiff acquired and operated the first floor D restaurant of Cbuilding in Ansan-si, taking account of the overall purport of the pleadings as to “A evidence Nos. 1 through 4, Eul evidence Nos. 1, 1, 2, and 2, and the purport of the entire pleadings. It can be recognized that the Plaintiff borrowed KRW 49,00,000 from the Defendant for lease deposit and the acquisition of rights to facilities, etc. of the said restaurant and paid KRW 49,00,000 until December 31, 2004. However, each of the statements Nos. 11-1, 2 alone is insufficient to acknowledge that the Plaintiff additionally borrowed KRW 10,00,000 from the Defendant to use for the purchase of the house of a restaurant, repair of a restaurant, etc., as well as KRW 49,00,000, and there is no other evidence to support this.
“”
B. In the first instance judgment, the “104,145,540 won” of the first instance judgment Nos. 4, 17 and 5 are considered as “104,144,540 won”, respectively.
C. On the fifth page of the first instance judgment, the term “58,215,128 won” in the 19th sentence is deemed to read “58,215,498 won”, the term “569,58 won” in the 5th page 20 shall be deemed to read “570,958 won”, and the term “9,215,128 won” in the 5th page 21 sentence shall be deemed to read “9,215,498 won”.
In the first instance judgment, the part of the judgment of the court of first instance states "45,930,412 won (i.e., 104,145,540 won - 58,215,128 won) - 45,929,042 won (i.e., 104,144,540 won - 58,215,498 won)" from first instance to fourth instance.
E. On the 6th sentence of the first instance judgment, the “45,930,412 won” in the 7th sentence is deemed to be “45,929,042 won”.
F. On the ground of appeal Nos. 6, 14 through 15, “35,930,412 (=45,930,412 - 10,000,000)” is deemed to read “35,929,042 won (=45,929,042 - 10,000,000)”.
G. Attached to the judgment of the court of first instance.