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(영문) 서울고등법원 2015.06.18 2014나2020958
대여금
Text

1. The judgment of the first instance court, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On May 29, 2007, the Defendant acquired and operated the entertainment tavern “L” located in Gangnam-gu Seoul Metropolitan Government KK from C.

B. On May 2007 or June 2007, the Plaintiff, upon becoming aware of the Defendant, lent money to the Defendant that was difficult to do with the promissory notes, etc. paid with the principal acquisition fund.

【Recognition of Fact-finding】 The fact that there has been no dispute, Eul No. 7, and the purport of the whole pleading

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff loaned 215,920,000 won to the defendant on January 3, 2008, 200 million won on January 9, 2008, 30 million won on January 28, 2008, and 35 billion won on March 20, 2008, and paid 215,920,000 won on credit as shown in the attached Table 1. Accordingly, the defendant is obligated to pay 129,00,000 won on credit to the plaintiff, and 300,000,000 won on credit to the plaintiff, and 300,000,000 won on credit to the plaintiff before borrowing 300,000 won on credit, and 300,000,000 won on credit to the plaintiff, 200,000 won on credit, and 300,000,000 won on credit loan by the plaintiff.

B. Determination as to the cause of the claim 1) Gap evidence Nos. 1, 3, and 5 (including paper numbers and the whole purport of oral arguments) can be acknowledged as follows.

① On January 2, 2008, the Defendant borrowed KRW 100 million from the Plaintiff, and on January 9, 2008, borrowed additional KRW 200 million, the Defendant decided to repay the sum of KRW 100 million first borrowed up to March 31, 2008, and issued and delivered the certificate of borrowing to the Plaintiff.

② The Plaintiff on January 2008

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