beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. As to this part of the basic facts, this court’s reasoning is identical to that stated in the second “1. Basic Facts” in the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
However, the aforementioned written judgment states that “The Defendant repaid KRW 100,000 to the Plaintiff on Nov. 25, 2016,” as “the Defendant wired KRW 100,000 to the Plaintiff on Nov. 25, 2016” (see, e.g., the written argument as of Apr. 27, 2018 and the result of the response to financial transaction information to E Bank of the first instance court as of May 21, 2018).”
2. As to this part of the judgment on the cause of claim, this court’s reasoning is identical to that of “the cause of claim by the plaintiff 2.2” in the judgment of the court of first instance as stated in the main text of Article 420 of the Civil Procedure Act. Therefore, this court’s reasoning is acceptable in accordance with
However, the above judgment is divided into 5% per annum until July 13, 2018, which is the date of this judgment, and 15% per annum from the next day to the date of full payment, and 5% per annum under the Civil Act until July 13, 2018, which is the date of the judgment of the first instance, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. Judgment on the defendant's assertion
A. The defendant's assertion 1) The defendant is a person who operated a bath in F at the time of clsan.
(See Evidence No. 4-2). The Plaintiff operated a store within the bath bath.
No. 15,00,000 won No. 15,000 on May 11, 2007, which the Plaintiff asserts as the basis for the claim of this case, is referred to as "written evidence of this case (Evidence No. 1)" including its number, unless there is a special reference.
The document of KRW 25,00,000 (Evidence A) dated May 11, 2007, the same seal as above, demanded the Plaintiff to provide that the Defendant “a loan for business funds relating to bath bath” be made by the Plaintiff.