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(영문) 서울고등법원 2017.02.14 2016나2012586
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The court of first instance accepted the Plaintiff’s claim for loans among the Plaintiff’s instant claims and rendered a judgment dismissing the claim for piece rates, and only the Defendant filed an appeal against the judgment of the first instance court.

This court shall judge only on a loan request.

2. From January 30, 2008 to March 25, 2010, the Plaintiff loaned a sum of KRW 129 million as indicated in the following table to the Defendant. Thus, the Defendant is liable to pay the Plaintiff a loan of KRW 129 million (hereinafter “instant loan”) and damages for delay, barring any special circumstance.

On January 30, 2008 1,000,000 on September 25, 2009; 20,000; 1,000 on March 1, 2008; 1,000,11, 200 on October 19, 2009; 3,000 on May 18, 200, 200; 1,000,00,00 on June 6, 2008; 3,00. 1,00,00,000 on June 6, 200, 200, 200,00 on June 30, 200, 200; 3,00,000 on June 30, 200, 2000; 5,000 on March 10, 2009;

3. Judgment on the defendant's assertion

A. The defendant asserts that since the defendant lent a total of KRW 21 million to the plaintiff from September 2007 to November 2007, the defendant set off the above loan claims against the plaintiff as the above loan claims against the plaintiff.

(1) The Plaintiff received each of the above KRW 21 million from the Defendant on September 21, 2007, KRW 500,000,000 from the Defendant on November 5, 2007, and KRW 6 million on December 12, 2007 from the first instance court on the payment of KRW 21,00,000,000,000,000 from the Defendant on the payment of KRW 21,000,000,000,000 from the Defendant on the payment of KRW 21,00,00,000,000 from the Plaintiff on the payment of the said KRW 21,00 as a piece rate for the construction of the Daejeon Factory.

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