(영문) 서울고등법원 2015.01.16 2013나79384

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(영문) 서울고등법원 2015.01.16 2013나79384

대여금 등

Text

1.The part concerning the counterclaim in the judgment of the first instance, including the claim added and reduced in the trial, shall be as follows:

Reasons

1. The reasons for the court's explanation concerning this case are as follows: " - 60,00,000 won of loans from a national bank" in Chapter 13 of the judgment of the court of first instance shall be changed to "60,000,000,000," and at the end of the 20th part of the judgment of the court of first instance, the following 2-(b) shall be added to "no dispute" in the 3rd part of the judgment of the court of first instance, and at the end of the 5th part of the judgment of the court of first instance, the following 2-(c) shall be added to the 9th part of the judgment of the court of first instance, and at the end of the 9th part of the judgment of the court of first instance, the following 1-(b)(1)(d) shall be added to the 1-2(c) of the judgment of the court of first instance and the part of the 1-17th to 16th part of the judgment as follows 3(a).

2. Additional parts

A. On the third 20th 20th 20 part of the judgment of the court of first instance (in relation to the above claim for return of unjust enrichment, the plaintiff asserted that the amount of KRW 241,70 million transferred by the plaintiff to the defendant Eul from 2001 to 2012 shall be appropriated to the plaintiff's principal and interest of the loan obligation of KRW 30 million on October 29, 2004 against the defendant Eul, and the remaining amount shall be claimed for return of unjust enrichment. This is ultimately, since the plaintiff remitted the money to the defendant Eul by mistake even though there is no loan claim as mentioned below or all repayment was made, it shall be claimed for return of unjust enrichment without specifying the specific amount of the money to be claimed for return, and therefore, it shall be determined by the plaintiff's assertion).

B. On the 5th judgment of the first instance court, the Plaintiff in the following part: (a) revocation of confession as to the fact of lending KRW 35 million.

참조조문

-민사소송법 제420조

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