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(영문) 서울고등법원 2015.08.20 2014나51024
대여금
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. On October 24, 2001, the Plaintiff loaned KRW 190,000 to the Defendant with a loan of KRW 200,000,00 from Sejong Mutual Savings Bank (hereinafter the above bank referred to as "Stim Mutual Savings Bank", and the above loan was referred to as "the loan of this case"), without fixing the due date for payment, etc. (hereinafter "the loan of this case"). At that time, the Plaintiff guaranteed the Defendant's obligation of the loan of this case against the Plaintiff by taking into account the following facts: Gap's evidence Nos. 1 through 4, Eul's evidence No. 1, and Eul's reply to the submission of financial transaction information against Stim Mutual Savings Bank, and the entire arguments of the first instance court's order for submission of financial transaction information against the Plaintiff.

[In relation to the loan of this case, the defendant led to the confession that he borrowed KRW 190,00,000 from the date of the first instance trial until October 27, 201, and then reversed that he borrowed KRW 140,00,000 from the third date of the first instance trial, and then argued that the confession is revoked. However, there is no evidence to prove that the confession was contrary to the truth and due to mistake, and there is no validity of revocation of the confession. Rather, according to the above evidence, the defendant prepared a loan certificate (No. 1) for the loan of this case, and then, it is recognized that the defendant paid interest on the whole amount of the loan of this case to the mutual savings bank from 140,000,000,000 from 140,000,000,000 from the third date of the first instance trial, and the defendant submitted 10,000,000,000 won to the defendant without any special evidence related to the loan of this case.

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