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(영문) 서울고등법원 2015.07.22 2014나22316
대여금 등
Text

1. Plaintiff 1, among the parts concerning Defendant B in the judgment of the court of first instance, falls under the following amount which orders payment.

Reasons

1. Claims for loans to the Defendants

A. The Plaintiff’s loan amount of 4,00,000,000 on September 29, 2003 on February 14, 2004; 300,000 on February 29, 2004; 5,000,000 on April 30, 200, 5,000 on July 1, 2005; 6.30,000 on July 1, 2006, the Defendants were jointly and severally liable for the above 0,00,000,000,000 on July 30, 2006 to the Plaintiff on July 30, 200, 1205, the Defendants were jointly and severally liable for the above 0,00,000,007. 7. 200,36,000,000 on August 27, 2004; 7, 2005

B. Since there is no evidence to acknowledge the fact that the Plaintiff loaned the money as set forth in Nos. 1 and 2, 8 to the Defendants, the Plaintiff’s assertion regarding the above loan claims is without merit. The Plaintiff’s payment of money as set forth in Nos. 1, 3 through 7, 9 through 13 to Defendant B’s account No. 1, 3 through 7, and 9 through 13 is not in dispute between the parties, or can be recognized by adding the whole purport of the pleadings to each set set forth in No. 1, 2.

However, the following facts can be acknowledged by adding the whole purport of the pleadings to the statements in the evidence Nos. 3-1, 2, 1-2, 1-2, 2-2-2, 3-1, 3-1, 2-2, and 10-2 of the evidence Nos. 3-1, 3-2, and 10 of the evidence Nos. 3-2, 199: (i) the Plaintiff and the Defendants operate a real estate brokerage office in around 199; (ii) Defendant B, even after the termination of the partnership relationship, has invested in the real estate business where the Plaintiff purchased real estate through the Plaintiff and sold the real estate; and (iii) around October 203, 200, Defendant C&C newly constructed and sold the land by the Plaintiff, 1130-9, Busan Northern-dong, Busan-dong

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