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(영문) 수원고등법원 2019.11.14 2019나10992
대여금
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. The reasoning of the judgment of the court of first instance, which cited the instant case, is the same as the ground of the judgment of the court of first instance, except for the dismissal or addition as set forth in the following paragraph (2). Therefore, it is acceptable in accordance with the main sentence of Article 42

2. As follows, the part of the court of first instance, which has been used or added, shall be subject to the commitments of Chapters 5 through 6 on the third side of the court of first instance:

The plaintiff lent KRW 439 million to the defendant as part of the purchase price of the apartment of this case, and from time to time lent cash from time to time prior to that time. The defendant promises to return the borrowed amount to the plaintiff KRW 500 million, and the defendant promises to return the borrowed amount to the plaintiff. The following is added in the third 10th 10 of the judgment of the first instance.

"The defendant has not received three copies of the check equivalent to KRW 290 million from the plaintiff and paid it to the seller" in Section 18 of Section 4 of the first instance judgment of "No one shall be paid to the seller." The defendant shall read "three copies of the check brought to him" as "three copies of the cashier's checks of KRW 100 million, KRW 100,000,000,000,000 won which are delivered from Aber L" (hereinafter "the cashier's checks of this case").

The fourth part of the judgment of the court of first instance, "(the third part of the above cashier's checks was deposited into the account of M Co., Ltd. in which the seller's husband holds office as representative director, and the defendant himself claims that the money created and paid by the defendant out of the remainder of KRW 1.251 million under the sales contract of this case was only KRW 961 million. Thus, the above three cashier's checks equivalent to KRW 290 million were paid to the seller under the sales contract of this case) is added."

The 5th judgment of the first instance court shall consist of the 11th and 12th judgments as follows.

[Reasons for Recognition] The above evidence, Gap evidence Nos. 5-1, 4, and 6-1, Gap evidence No. 10, 14-1, 2, Gap evidence No. 15-1, 2, and Eul evidence No. 16-1, 2, and 3, each of the above evidence No. 5-1, 5-4, and 6-1, 16-1, 2, and 3, and each of the response orders to submit financial transaction information to the Nbank and IBK bank,

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