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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the money ordered to pay below.
Reasons
1. The parties' assertion
A. The summary of the Plaintiff’s assertion is as follows 2.A. to the Defendant who was a pro-friendly relative.
1) As indicated in the “Plaintiff’s Claim” column of paragraph (1) of this Article, the Defendant was obligated to lend a total of KRW 388,866,000 to the Plaintiff and to pay a total of KRW 162,80,000 from the Defendant. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 226,06,00,000 of the loan balance. (b) Of the loan details asserted by the Defendant, part of the loan details asserted by the Plaintiff was invested as a partner deposit or was paid as a debt repayment to the Plaintiff by the Defendant or the Defendant’s de facto spouse C. Since other parts were not received at the beginning, the actual loan is merely KRW 98,06,00. The Defendant paid the Plaintiff a total of KRW 208,291,500 in excess of the above loan repayment amount as indicated in the “Defendant’s claim amount” column of the Defendant’s claim. Therefore, the Defendant did not have any obligation against the Plaintiff.
2. Determination on the main claim
A. On June 29, 2005, 2000 40,000,000 as 40,000,000 on June 29, 2005, based on which the Defendant’s claim for the loan loan was recognized on the date of the recognized loan loan amount (Evidence A) was paid as a loan repayment of 60,00,000.
60,000,000 2-2 10.5 10,000,000 D D D dan Partners Partners
10,000,000,000 40,000 40,000 3,0000,0000 3,000,0000 3,000,000 3,000,000,00 October 7, 17, 1000,000 70,0000,000 70,000,000,000 in the attached sheet of the complaint on November 7, 200, it is obvious that October 27, 2005, which is written in the attached sheet of the complaint, is the case where the entry
30,000,00 D D D D D D D D D D D D D D D D D D D’s business
30,000,000 2-3 2.26. 26.30,000 30,000 30,000,0006 June 19, 2006 Do d d d d d dan’s partner (fire-fighting expenses) received
There is no fact of remittance received 6,800,000 2-4 9.19.10,000,000
10,000,000 2-6 January 7, 2007 9,800,000,000 9,80,266,000 12.12,266,000 5,266,000 3,0000 3,0000 3,000,0000 317,86,000 317,86,000 20,000 317,86,000 3.20,000,000 on November 3, 2008