logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.10 2015나28953
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. From around 2006, the Plaintiff lent money to the Defendant several times, and received part of the money from the Defendant. On April 25, 2012, the result of the settlement between the Plaintiff’s side and the Defendant’s side, which led to KRW 257,250,000, the balance of the loan that the Defendant failed to pay to the Plaintiff up to that time, and the Defendant agreed to pay the said amount to the Plaintiff up to May 31, 2012.

B. Even after the above settlement, the Plaintiff loaned the amount corresponding to the “additional loan” stated below up to December 6, 2013 to the Defendant, and the Defendant extended the amount to the Plaintiff up to 0.30,000 won on April 22, 2012, 16,80,000,000 on May 25, 2012, 20, 200,000,000 on May 20, 200, 200, 30,000,000 on May 31, 20, 200, 30,000,00,000 on May 31, 20, 200, 30,000,000 on May 31, 20, 200, 300,005 on May 31, 200, 2000

[Ground of Recognition] Facts without dispute, Gap 1-16, 18, and Eul 3 (including branch numbers in the case of additional numbers), the testimony of witness A of this court, the purport of the whole pleadings

2. According to the above facts, the remaining loans that the Plaintiff did not receive from the Defendant are totaled of KRW 564,050,000 (= KRW 257,250,000). Thus, the Defendant, as to the Plaintiff’s above KRW 564,050,00 and KRW 106,562,890 (a loan cited in the first instance trial) from April 1, 2014, where it is deemed reasonable to dispute as to the existence or scope of the Defendant’s obligation, from September 25, 2015, as of September 25, 2015, as the date of the first instance judgment, about KRW 5,457,487,100 (= KRW 564,050,000,060,06, 106, 2086, 209, 2014).

arrow