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(영문) 서울고등법원 2015.09.11 2013나29136
대여금
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. Determination as to the cause of claim

A. The plaintiff asserted that the loan amount of KRW 10 million is the cause of the claim. The plaintiff claimed for a loan amount of KRW 50 million to the defendant on February 5, 2008, KRW 60 million on June 26, 2008, and KRW 60 million on June 26, 2008, and KRW 30 million on December 30, 2008, and only KRW 50 million on February 5, 2008 were paid to the defendant on June 26, 2008. Thus, the defendant claimed for a loan amount of KRW 10 million on June 26, 2008 and KRW 60 million on June 26, 2008, and the defendant did not claim for a loan amount of KRW 26 million on June 26, 2008 to the plaintiff on June 26, 2000, including the loan amount of KRW 600,0000 on June 26, 2008.

① The fact that the Defendant prepared and executed the evidence Nos. 4 (Evidence) and No. 9 (Authentication Deed of Promissory Notes) to the Plaintiff on June 26, 2008 does not conflict between the parties.

The evidence No. 4 states that "the defendant shall borrow 60 million won from the plaintiff on June 26, 2008 as interest rate of 3% per month and as of December 30, 2008."

The Gap evidence No. 9 was notarized on the face value of KRW 60 million issued by the defendant, the date of payment, and December 30, 2008.

② According to the evidence No. 10 (the details of passbook transactions), the Plaintiff’s claim on June 26, 2008 as the lending date may be recognized as having found KRW 6,50,000 in cash from his account.

In addition, Gap evidence No. 11 (Written Confirmation) that the plaintiff's singing was written by K, stating that "the defendant extended additional amounts of KRW 10 million, and the plaintiff extended money to the defendant on June 26, 2008.

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