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1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.
2. The plaintiff's conjunctive claim is dismissed.
3...
Reasons
1. In the first instance court, the Plaintiff asserted that the Defendant lent money to the partnership, which is the partnership of the Defendant and C, to the Defendant, and sought payment of the money from the Defendant, a partner, and sought a preliminary loan to the Defendant. The first instance court rejected the Plaintiff’s primary claim and accepted the preliminary claim.
Since only the defendant appealed against this, the subject of this Court's trial is limited to the preliminary claim.
2. Summary of the parties' arguments
A. The Plaintiff, including lending KRW 135,00,000 to the Defendant on September 30, 2009, lent KRW 135,000 in total over ten times until June 3, 2010, but received a total of KRW 54,00,000 from the Defendant from June 8, 201 to February 1, 201, and thus, the Plaintiff sought payment of KRW 81,00,000 to the Defendant.
B. Defendant’s assertion 1) The Defendant did not borrow KRW 135,00,000 from the Plaintiff. 2) The Defendant borrowed the above money from the Plaintiff.
Even if the period of the five-year commercial extinctive prescription was exceeded, the five-year commercial extinctive prescription period.
3. Determination
A. The facts of recognition 1) The Defendant: (a) was a person who had been engaged in the business of communications construction at a construction site for several hundreds; (b) found the Plaintiff, who was the Defendant’s punishment on August 21, 2009, thereby securing a large number of the communications construction volume; and (c) stated that the funds are needed for the business of communications construction. At that time, C, an original and the Defendant’s son, was present at that site; and (b) the Defendant was found to have a defect in the business of communications construction; (c) on August 17, 2009, C, who was in charge of the management of funds, opened the National Bank E account (hereinafter “instant business account”) with the Defendant and deposited KRW 3,00,000 in the said account on the same day, and deposited KRW 40,000,000 in the instant business account from August 21, 200 to September 28, 2009 to September 28, 2009.
From this point.