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(영문) 서울고등법원 2015.04.07 2014나41690
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 on this safety defense

A. The defendant's assertion that the plaintiff's claim of KRW 200 million among the claim amount of this case is unlawful since the plaintiff already filed a lawsuit against the defendant on the loan amount of KRW 200 million, which is currently pending in the lawsuit, the Seoul Central District Court 2012Gahap90479.

B. Comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1, 2, and 8-1 of the evidence Nos. 1, 1, 2, and 8-1, the Defendant prepared a loan certificate (Evidence No. 2) stating that the Defendant borrowed KRW 200,000,000 from the Plaintiff on August 30, 2001 from the due date for payment to the Plaintiff on August 30, 2002, and delivered it to the Plaintiff. The Plaintiff asserted that the Defendant was reimbursed KRW 15,00,000 out of the above loan No. 200,000 with the Seoul Central District Court 20,000,000 and the remainder of the loan No. 45,000,000 and the delay damages therefrom, and the Defendant filed an objection to the payment order with the Central District Court 2012Ga90479 (hereinafter “Separate Lawsuit”).

(2) On May 24, 2013, the Plaintiff was sentenced to a favorable judgment at the first instance court on the same date, and the Defendant appealed as Seoul High Court Decision 2013Na4112 on April 24, 2014, but the dismissal of appeal was sentenced on the grounds of Supreme Court Decision 2014Da32939, but the Defendant appealed as the Supreme Court Decision on August 20, 2014, but the judgment of dismissal of appeal was recognized on August 20, 2014. On the other hand, the Plaintiff’s evidence Nos. 1 through 4 (Evidence Nos. 2 through 4, 11-3, 3 through 5, 200, 300 evidence No. 50, 400, 3000 evidence No. 940, 200, 300, 40. 10, 200, 3000 evidence No. 940, 200, 2004. 200. 30.

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