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(영문) 서울고등법원 2017.01.26 2016나2042792
청구이의
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasons why the judgment of the court of first instance is cited in the instant case are stated are as follows, except for modification and addition.

Since the reasoning of the judgment of the court of first instance concerning a claim is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with the main sentence

The following shall be added between the fourth 9 pages of the judgment of the first instance, "E", and the fourth 18 to fifth 3 pages shall be amended as follows:

“B. The gist of the Defendant’s assertion argues that the amount deposited into the E’s account is the repayment of the instant loan Nos. 1 and 2. However, the account under the name of H is irrelevant to the repayment of the instant loan Nos. 1 and 2. Moreover, the Defendant did not provide that “the Defendant shall pay to F and G the amount to be repaid.” Of the instant loans Nos. 3 and 4, the money used for the repayment of the instant loan Nos. 1 and 2 and the money paid between May 25, 2011 and May 11, 2012 by the Plaintiff’s representative to repay each of the instant loans to the Defendant, even if appropriating the money paid to the Defendant from May 25, 2011 to May 11, 2012, the Plaintiff still remains the principal amount of the instant loans No. 88,68,833, and the damages for delay as prescribed by the Presidential Decree No. 1572, May 7, 2014.”

The 8th 15th 15th, 16th 18th 18th 18th 18th 200, “92,808,192” shall be amended to “92,802,192.”

The last 8th parallel to 9th parallels in the first instance judgment shall be amended as follows:

Of KRW 98,00,000, the Defendant claimed that “A, at the Plaintiff’s request, advance payment of KRW 8,000,000,000 to H was made, and KRW 37,80,000,000 in the first and second loans of this case was appropriated for the repayment of KRW 1,22,200,00 in the first and second loans of this case (the preparatory brief dated February 22, 2016 and the appellate court asserted as above).

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