(영문) 서울동부지방법원 2019.12.04 2019나25365

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(영문) 서울동부지방법원 2019.12.04 2019나25365

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff filed a claim against the Defendant for the return of KRW 35,00,000 on November 20, 2014, and ② the Plaintiff filed a claim for the return of KRW 14,008,50 (i.e., total loans - total loans - total loans - total loans 22,208,500 - total loans 8,200,000) with the exception of loans granted on November 20, 2014. The first instance court accepted the claim and ② partly accepted the claim.

As to this, the Defendant asserted that only a gift was made, the scope of this Court’s judgment was limited to the above claim ② (On the other hand, the Defendant partially repaid KRW 10,00,000 to the Plaintiff on June 5, 2019, which was after the date the judgment was rendered in the first instance judgment, which does not fall under the scope of this court’s judgment, and this is a repayment of KRW 1,000,000 to the Plaintiff on June 5, 2019, which does not fall under the scope of this court’s judgment.) 2. On January 10, 2012 to November 25, 2014, the Plaintiff loaned KRW 22,208,50 (excluding loans of KRW 35,000,000 to the Plaintiff on November 20, 2014) to the Plaintiff, and the Plaintiff did not have any special obligation to pay KRW 208,000 to the Plaintiff on the aggregate of KRW 200,508,200.

In regard to this, the defendant alleged that the plaintiff donated the above KRW 14,008,50 to the defendant in good faith according to a close relation with the defendant, but it is not sufficient to recognize the above only with the descriptions of subparagraphs 1-1 and 2 of subparagraphs B, and there is no other evidence to recognize it. Thus, the above argument by the defendant is

3. The grounds for the court’s judgment on this part of the Defendant’s assertion are as stated in the first instance judgment, the first through fourth, as stated in the first instance judgment. Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

4. According to the conclusion, the defendant shall pay to the plaintiff KRW 12,127,120 = 14,008.

참조조문

-민사소송법 제420조

유사 판례

-청주지방법원 2018.10.19 2017나16007

-수원지방법원 2019.05.10 2018나5093

-대구지방법원 2019.01.17 2017나10440

-의정부지방법원 2015.08.20 2014나9916

-서울서부지방법원 2018.06.15 2017나36431