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(영문) 대구지방법원 2018.07.25 2017나315206
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. The reasoning of the judgment of the court of first instance, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.

2. The fourth part of the judgment of the court of first instance, which is used or added, “H” in the fourth part of the judgment of the court of first instance shall be raised “D”.

Part 4 of the first instance judgment "Evidences 1 through 4, 1 through 7 of A, and 20 of the first instance judgment" is "Evidences 1, 2, 3, 4, 8, 9, and 1 through 8 of A," respectively.

In the following 7th 7th 7th 7th 201 of the judgment of the first instance, the Defendant: (a) the Plaintiff was appointed as the Defendant’s director on October 16, 2012; and (b) the Plaintiff also owned 25 percent of the Defendant’s shares; (c) the Plaintiff claimed that the amount of KRW 80 million paid to the Defendant on March 19, 2013 is either investment or acquisition of shares. However, the above assertion is contrary to the language and text of the instant loan certificate, which is a disposal document; (d) there is no evidence to deem that the Plaintiff’s shares owned by the Plaintiff were worth KRW 80 million; and (e) it is difficult to obtain the Plaintiff’s shares of KRW 2500,00 from October 20, 2012 that the Plaintiff paid the Defendant’s shares or subscription price for shares on March 19, 2013.

Part 7 of the first instance judgment "C" in Part 20 of the first instance judgment shall be "C and D".

Part 7 of the judgment of the first instance court "C individual" in Part 21 shall be deemed "C and D".

The “Service of Written Complaint” in Part 11 of the 9th judgment of the first instance court refers to “Service of Written Complaint to the Defendant Company” as “Service Date of Written Complaint with a considerable period of time from August 2015, which appears to have been deemed to have been claimed by the Plaintiff to the Defendant Company.”

Article 603 of the Civil Act, since the loan claim of the first instance court No. 9 is a loan claim with no agreement on the time of return of the loan, Article 603 of the Civil Act.

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