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(영문) 서울고등법원 2019.01.10 2018나2009911
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance (such as law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, determination of issues, etc.) is sufficiently reasonable as a result of determining issues in accordance with the appellate court’s methods and principles, laws, precedents, legal principles and rules of evidence based on the litigation materials and the pleading materials submitted to the appellate court citing the judgment

The reasoning for this Court concerning this case is as stated in the part of the judgment of the first instance except for a decision on additional matters alleged by the Plaintiff as the reason for appeal, as set forth in paragraph (2) and paragraph (3) below. Thus, this Court cited this case as it is included in summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. (a) On the 2nd page 9 through 10 of the judgment of the court of first instance (hereinafter “the instant money”) the portion to be used was written by adding “the instant money” to “the instant money” (hereinafter “the instant money”).

(b) On No. 3 of the first instance judgment, the first instance court ordered “the date the instant money was deposited to the Defendant” to read “the date the instant money was deposited to the Defendant”.

(c) Nos. 3 through 4 of the judgment of the court of first instance (hereinafter “the loan certificate of this case”) were written with “the loan certificate of this case” as “the loan certificate of this case (hereinafter collectively “the loan certificate of this case”).

3. Additional determination on the grounds for appeal

A. The gist of the Plaintiff’s assertion is that the Plaintiff actually deposited the instant money to the Defendant on the deposit date, that the Defendant’s representative director, etc. gave approval on the loan and the payment of interest, that there was no fact that the execution of the fund was made without such approval, that the Defendant’s representative director confirmed and given approval on the entire Defendant’s obligation, that the Defendant had raised funds from its members and repaid funds from its members due to the aggravation of the financial situation, that was in a special situation where the Defendant raised funds from its members, that the Plaintiff raised funds from the Defendant through various methods, such as insurance loans, card loans

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