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Reasons
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(영문) 대전고등법원 2018.05.30 2017나16202
대여금
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1. The Plaintiff’s appeal against the Defendants and each conjunctive claim against Defendant B and D added by this court.

Reasons

[The scope of this Court’s adjudication] In the first instance court, the Plaintiff sought loans of KRW 119,60,000 in total from October 15, 2010 to December 23, 2010; ② loans of KRW 50,000,000 against Defendant B; ③ loans of KRW 50,000 in total from March 28, 201 to Defendant B; ③ loans of KRW 50,000,000 in total from September 26, 2013 to June 26, 2016; ④ loans of KRW 300,000,000 in total from September 26, 2013 to June 26, 2016; ⑤ unpaid loans of KRW 119,60,000 in total; ④ loans of KRW 300 in total from September 26, 2013 to KRW 30,600 in total; and ④ loans of KRW 3006,600.6.

Therefore, since only the Plaintiff appealed against the losing part of the judgment of the court of first instance, the part of the claim against the Defendant D out of the loans totaling KRW 300,000,000 from September 26, 2013 to June 26, 2016 is excluded.

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s respective loans, debt acquisition amount, and unpaid interest claim and judgment thereon

A. The Plaintiff asserts that, from October 15, 2010 to December 23, 2010, a total of KRW 119,60,000 and KRW 10,000,00 each loan (principal claim) loan (a) the parties to the loan have repaid each of the loans of KRW 119,50,000 on March 28, 201, the Plaintiff asserted that: (a) Defendant B, the actual operator of Hju station, jointly and severally, provided Defendant B with a total of KRW 27,80,000 on October 27, 200, KRW 80,000 on October 27, 200, KRW 19,000 on October 27, 200, KRW 15,000 on October 15, 201, KRW 30,000 on the loan account; and (b) Defendant C had a total of KRW 16,010 on the loan account;

In addition, on March 28, 201, Defendant B lent KRW 50,000,00 to F to Defendant B without fixing the due date.

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