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(영문) 서울고등법원 2016.09.29 2016나2015776
대여금반환
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. The first instance court;

Reasons

1. The reasons for this court's explanation are the same as the reasons for the judgment of the court of first instance, except for dismissal or addition as follows. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In light of the following circumstances acknowledged by comprehensively taking account of the purport of the entire evidence submitted as follows, the part 9 to 18 is insufficient to acknowledge the remainder of evidence submitted by the Plaintiff, including the statement in Gap 2, 4, and 8 (including paper numbers) of the first instance trial on the representative director C, which appears to be consistent with the fact that the Plaintiff was unable to receive a refund by making a loan or provisional payment to the Defendant from the end of 2009 to the end of 142,607,028, and it is difficult to believe that the result of the first instance trial on the representative director C of the Plaintiff reaches 142,607,028, and the remaining part of the evidence submitted by the Plaintiff is insufficient to acknowledge it. The loan agreement of this case is deemed null and void by falsely expressing that the agreement of this case was prepared for the account of the Plaintiff, even though there is no actual relationship of lending, the Plaintiff’s assertion is not acceptable. From the fourth to the second instance trial on the 3rd witness’s testimony of the representative director E and the representative director C.

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