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(영문) 서울고등법원 2019.05.14 2018나2069500
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. Upon the plaintiff's request added at the trial court, the defendant shall be the plaintiff 23,951.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added as stated in the following paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the judgment of the court of first instance, “A evidence Nos. 7-2, H and I testimony” shall be added to the item “founded grounds for recognition” for the fourth part of the judgment of the court of first instance.

The fifth part of the judgment of the first instance is that “the delivery point of KRW 380,00,00” through “16” in the fifth part of the judgment of the first instance is that “the remaining money remaining after deducting the money repaid from the above 380,000,000 won to the principal and interest of the loan on July 6, 2012 is withdrawn in cash or transferred to another account and delivered to G, or used as a registration fee, etc. according to the direction of G.”

The first instance court's first instance court's 6th to 7th instance court's 17th class and 8th class are as follows.

Comprehensively taking account of the respective descriptions and arguments as stated in Gap evidence Nos. 4, 6, 12, and 13, the plaintiff bears the obligation of KRW 380,00,000 to the J as of April 4, 2019, overdue interest of KRW 211,523,059. ② The plaintiff paid interest of the loan of this case to the J from July 7, 2014 to January 5, 2015; ③ the plaintiff paid KRW 11,060,063 to the J from 2013 to 2016, KRW 2,835,680, KRW 280, KRW 1,864,200, KRW 208, KRW 3080, KRW 2080, KRW 2080, KRW 3080, KRW 200, KRW 3005, KRW 208, KRW 2005, KRW 2005, and KRW 20805,200.

Therefore, the defendant is obligated to pay to the plaintiff KRW 603,283,002 and damages for delay.

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