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(영문) 대구고등법원 2020.07.16 2019나22266
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as the statement of the reasoning of the judgment of first instance, except in the following cases. Thus, it shall be accepted by the main sentence of Article 420 of the Civil Procedure Act.

Part 3 of the judgment of the court of first instance is amended to S, the term "I" as stated in No. 4 column.

The written statement of Nos. 14 and 26 of the first instance judgment is amended to “each written statement of Nos. 14 and 26” as “each written statement of No. 14 and 26 of this Court, the witness S and the testimony of the Court.”

The 6th page 4 of the first instance judgment is revised to the 6th page 4 of the 1st instance court’s ruling, “The Plaintiff, as well as the J, borrowed money from her wife AG and HaH, and the Plaintiff’s account, in addition to the method of receiving money through the Plaintiff’s account, borrowed money in cash directly from J.”

6 pages 8 to 9 of the judgment of the first instance, following the fact that “(3) there is no evidence to acknowledge the remittance of the Plaintiff to S.” added the following contents:

No. 40,00,000 won was remitted from T on March 30, 2015, and April 28, 2015. Rather, around May 2015, the witness S of this court testified that “No. 110,000,000 won was loaned to the Defendant and there was no monetary transaction with the Defendant except that paid in cash by the Defendant on or around November 2015.” The witness S of this court changed “N Bank W” of the first instance judgment from 15 to 16, 2015, to “NFW” (NAI).

On the 8th page of the judgment of the court of first instance, the term of repayment shall be modified to “Extension, etc. of the term of repayment”.

The first instance judgment’s 10 pages 6 of the first instance judgment’s 10 shall be amended to “ around August 1, 2015 and around August 1, 2016,” “ around August 4, 2015 and around August 1, 2016.”

The 11th sentence of the judgment of the first instance shall be amended from 8th to 12th sentence as follows:

According to the overall purport of the statements and arguments in the evidence Nos. 9, 10, 18, 19, 20, and 23, the defendant lent to the plaintiff a sum of KRW 1,068, 464,417 as shown below.

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