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(영문) 서울남부지방법원 2016.09.29 2016나51854
대여금
Text

1. All appeals filed by the plaintiff and the defendant (appointed parties) are dismissed.

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

purport.

Reasons

1. The reasons why the party members of the court of first instance should explain the instant case are not sufficient to acknowledge the plaintiff's assertion as additional evidence submitted by the party members, and the entries in the evidence Nos. 3 through 8 in the evidence No. 6 and No. 8 in the evidence No. 3 and the evidence No. 6 to acknowledge the plaintiff's assertion are rejected, and the "Appointed C" and "Appointed" in the judgment No. 1 are dismissed as "Defendant C" and the facts of finding No. 3 in the judgment of the court of first instance

(c)bee;

In addition to the following cases, the part 13 of the judgment of the court of first instance is identical to the entry of the judgment of the court of first instance, and thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it can be acknowledged that Defendant B agreed to pay the Plaintiff seven million won as interest name by August 30, 2014.

[Supplementary Use] 3

C. On November 201, 2013, the Plaintiff: (a) carried the equipment in E using a truck with the crypted note of the said product abandonment (hereinafter “instant equipment”); (b) around November 27, 2013, the Defendants intended to bring the remainder of the equipment in E; (c) paid KRW 31 million to the Plaintiff; (d) out of the amount, KRW 30 million was paid to Defendant B and C as partial reimbursement of KRW 70 million as set out in the loan certificate issued on October 22, 2013; and (e) the remainder of KRW 1 million was used as personnel expenses for those who transported the instant equipment.

On the other hand, the Plaintiff kept the instant machinery on the land located in the State G, owned by the Plaintiff, and the Defendant B, on July 10, 2014, deposited the said machinery in the Plaintiff’s possession, as to KRW 1 million, and the said amount as interest on KRW 10 million,000,000.

8. Payment to 30.0

“Written Note No. 2, hereinafter referred to as “instant letter of payment”) was drawn up and drawn up.

E. On July 11, 2014, following the date on which the instant letter of commitment was drawn up, Defendant B issued one copy of the check with a face value of KRW 45 million to the Plaintiff and found the instant machinery from the Plaintiff.

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