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(영문) 서울고등법원 2015.11.19 2015나2013254
대여금
Text

1. The plaintiff, among the judgment of the court of first instance, against the defendant B, who falls under the following amount:

Reasons

1. The scope of this Court’s adjudication (the part of the Plaintiff’s claim against Defendant B) at the first instance court, the Plaintiff claimed against Defendant B the payment of the total of KRW 132 million from Defendant B and the total of KRW 1372 million from the total of the principal of each loan as stated in the attached table 1 through 7, and the Plaintiff claimed for the payment of interest or delay damages on the loans total of KRW 138 million from the total of KRW 270 million from Defendant B (= KRW 270 million) and the total of KRW 132 million from the total of the principal of each loan as stated in the attached table 1 to 7, the attached table 1 to 138,00 won (= KRW 270 million - KRW 132 million) and from the attached table 8 to 13,850,000,000 in total of each loan as stated in the attached table 1 to 13.

[However, in the case of each loan listed in the table 1 through 7, the Plaintiff did not specify the amount requested by each loan. However, in light of the following facts: (a) The table attached to the application for modification (2.12.6. 12. 2014) is written in the way that the repayment amount was appropriated to the principal of the loan accrued up to that time whenever repayment is made from the Defendant B; and (b) if the Plaintiff claimed only the remainder of the loan after appropriating the repayment amount to the principal of the loan first lent in the order of the lending date, then the Plaintiff did not request the payment by the first instance court after already extinguishing the loan in the order of the highest lending date; (c) in the judgment of the first instance court, the Plaintiff asserted that the Plaintiff did not lend the above loan to the Defendant B; (d) in the judgment of the first instance court, the Plaintiff applied the amount remaining after appropriating the amount of the loan amount paid by the Defendant up to that time; and (e) in the case of the Plaintiff’s loan No. 1700 million won, the loan amount claimed in the attached table No. 16. 7. 7.

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