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(영문) 서울고등법원 2016.11.04 2016나2036681
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation concerning this case is that "52058" in Part 3 of the judgment of the court of first instance is "52058", "share" in Part 3 of the judgment of the court of first instance from the end of the fourth to "land share", "matters of Part 5 to be completed by the end of December" in Part 17 of the first instance to "matters to be completed by the end of December," and "the second one is the second one."

[Attachment 2,660,00 per month interest rate of 2,60,000 per month in Section 2 of this case shall be 3.5% per month and 3.5% per month. However, the letter sent by the Defendant to C on December 1, 2006 refers to the previous agreement, which is viewed as being after being recognized as writing by himself, from No. 2, which is the letter sent by the Defendant to C on December 1, 2006.

The interest rate and the interest rate of the Plaintiff in this case shall be 3.5% per month, which is the interest rate claimed by the Plaintiff, shall be deemed to be the agreed interest rate. The Plaintiff’s “Plaintiff” in the 18th page 9 as the “Defendant,” and the “debt in this case” in the 11th page 9,17 as the “debt in this case,” each of the “R” in the 15th page 15,16, as the “C,” each of the “R” in the 18th page 18, as the “198,966,” as the “1966,” and all of the “witness” in the first instance judgment as the “ witness in the first instance trial,” and the “69mm2 in S forest and field,” shall be added to the “Defendant,” and the judgment of the first instance court shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except the judgment attached to the lower court.

2. The judgment attached thereto is based on Gap evidence Nos. 1 through 4, evidence Nos. 7-1, 2, and 14-1 through 3, 7-1, 2, and 14-1, and Eul evidence No. 16, and Eul’s testimony by the witness of the court of first instance, as shown in the above quoted part, unlike the above quoted part: ① the sum of the amounts lent by the plaintiff to the defendant by the time of 1986 to the defendant by 3.5% per month, or ② even if the agreement of this case was not concluded, even if the agreement of this case was not concluded, the share in the land of this case by the defendant under the agreement of this case.

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