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(영문) 대전고등법원 2017.11.30 2017나252
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

1..

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant and B for payment of KRW 280,000,000 and damages for delay. The court of first instance accepted the Plaintiff’s claim against B and dismissed the Defendant’s claim against the Defendant.

Therefore, since only the plaintiff appealed against the plaintiff in the judgment of the court of first instance, the scope of actual adjudication of this court is limited to the part of the judgment of the court of first instance that the plaintiff appealed.

2. Basic facts

A. The Defendant and B are married couple.

B. The Plaintiff wired each money in the “date” as indicated below to the bank account in the name of the other party as indicated in the “amount” column of the same Table as indicated on each date.

Defendant 10,000,000 on September 25, 2006; Defendant 10,000,000 on October 26, 2006; Defendant 10,000 on October 26, 2006; Defendant 10,000,00 on October 27, 2006; Defendant 50,000 on November 27, 2006; and Defendant 10,000,00 on June 27, 2007; and Defendant 10,000,000 on June 20, 2007; and Defendant 20,000 on December 20, 2007; and

3. The assertion and judgment

A. The plaintiff's assertion is as follows. The defendant shall pay to the plaintiff KRW 280 million and the delay damages for this amount jointly and severally with the plaintiff B.

1 The plaintiff is expected to be appointed by the President as the head of the D office, and must hold a certain property at the time of the public official's inquiry. After the public official's inquiry, the plaintiff hear the end of B that "the defendant is responsible after the public official's inquiry and immediately return the money to the defendant," and the end of B that "from August 20, 2006 to March 3, 2008."

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