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(영문) 부산지방법원 2018.11.07 2018나2247
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the defendant added to the judgment of the court of first instance as to the matters alleged in the court of first instance; the defendant used not more than 2-18 of the judgment of the court of first instance as follows 2-2 of the court of first instance; and the 4-21 of the judgment of the court of first instance as to the 4-21 of the judgment below as to the 4-21 of the judgment of the court of first instance as to the 3-1 of the judgment below; therefore, it is identical to the reasons for the judgment of the court of first instance. Thus, the additional judgment of

A. The Defendant, in addition to the instant loan claims, lent to the Plaintiff KRW 10 million on October 17, 2016, and KRW 10 million on December 30, 2016, respectively (hereinafter “NF loan claims”), and the money stated in the attached Table that the Plaintiff and D paid to the Defendant was used for the installment payment of the remainder of the loan claims. Therefore, the instant loan claims were not extinguished.

Judgment

In the following circumstances, Gap 1 (Notarial Deed), Eul 2 (Notarial Deed), Eul 1 (Account Statement of Deposit Transactions), Eul 4 (including particulars of each deposit transaction, serial number), and Eul 5 (Carrying-on text) comprehensively considering the overall purport of the pleadings, i.e., the loan claim of this case is due from May 25, 2017 to November 25, 2017 (2.5 days before the due date of each month) and the monthly repayment amount is 1.60,00 won. This is because the amount and time of payment of the loan of this case coincides with the amount and time of payment indicated in the attached Table that the plaintiff and D paid to the defendant. On the other hand, the monthly repayment amount of the remaining loan of this case is KRW 450,000,000,0000,0000,000 won, as well as the amount and time of payment of the loan of this case before the due date of each month.

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