(영문) 부산고등법원 2019.05.16 2018나55961

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(영문) 부산고등법원 2019.05.16 2018나55961

대여금

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. The court of first instance, which cited part of the reasoning of the judgment, is dismissed as follows. The court of first instance rejected the statement of evidence Nos. 5 through 12 of the evidence No. 5 and the witness P of the court of first instance (including the number of numbers), which are insufficient to recognize the plaintiff's assertion as the evidence additionally submitted by this court. The plaintiff added "3. additional judgment" as to the assertion added or emphasized by this court, is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is cited as it is in accordance

2. Parts to be dried;

A. Each “8,397,637 won” in the last parallel of the judgment of the first instance and the fourth parallel of the 10th parallel of the first instance judgment shall be deemed “8,397,367 won,” and the “up to December 2017” in the 8th parallel of the 10th parallel of the first instance judgment shall be deemed “up to November 2017.”

B. The first sentence of the judgment of the court of first instance regarding the claim for the instant loan is as follows. In full view of the evidence, Gap evidence Nos. 3, 8, and 9, and the purport of the entire arguments and arguments, the deceased created and borrowed a loan of KRW 117,00,00 for the land before division from the K Association on June 23, 2009. The plaintiff transferred 12,30,000,000 won to the deceased on November 24, 201, and 12,30,000,000 won on November 11, 201, 200, 7,694,707,000 won on July 7, 2012, 200, and 30,000 won on the deceased’s account with the Plaintiff’s debt return of KRW 10,000,000,000 for the Plaintiff’s loan to the K Association’s account.

A person shall be appointed.

3. Additional determination

A. Considering the following facts in relation to the principal lawsuit, the respective descriptions of the evidence Nos. 7 and 15 and the purport of the entire pleadings, 88,397,367 won, which the Plaintiff paid to the KK, shall be paid to the Plaintiff by the deceased.

참조조문

-민사소송법 제420조

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