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(영문) 부산고등법원 2012.10.11 2012나2064
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The scope of this Court’s trial is as indicated in the attached Form 1, the details of the claim, such as the description of the purport of the claim, in the first instance trial.

In addition, by filing a claim for interim confirmation (in the case of interim confirmation), part of the claim for interim confirmation is accepted and the lawsuit for interim confirmation is dismissed. Accordingly, the plaintiff does not object to the part of the claim for interim confirmation. On the other hand, the plaintiff does not object to the part of the claim for interim confirmation, and, in the first instance court's rejection of the claim for the loan, the statement of the claim for the loan, 5, and 6, as to the remainder except the part of the claim for the loan, the court's decision of the first instance requested to change the above part of the claim as stated in the purport of appeal.

2. Determination as to the cause of action

(a) Facts below the facts of recognition do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings as set out in Gap evidence Nos. 1 to 4, 6, 8, 9, 11, 13, 14, 22 to 25, 38, and Eul evidence Nos. 4 and 6;

1) On November 26, 2002, the Defendant agreed to pay to the Plaintiff KRW 20,00,000 as loans and KRW 4,00,000 as interest until December 15, 2002 until December 15, 2002, KRW 38,00,000 as well as KRW 14,00,00 as goods price to the Plaintiff by December 15, 200. The Defendant agreed to pay to the Plaintiff KRW 38,00,00 as 30,00 as 30,000 on April 15, 200, KRW 200 as 38,00 as 38,00,00 as 30,00 as 36,00,000 as 30,00,000 as 36,00,000 as 20,04,000 as 20.

B. 203

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