(영문) 수원지방법원 2018.03.29 2017나11176

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(영문) 수원지방법원 2018.03.29 2017나11176

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The second half of the judgment of the court of first instance “2,501,041 won” shall be deemed “2,501,042 won”.

B. The second 12 line of the judgment of the court of first instance states, “The amount of KRW 5,390,000 was paid over the two months” as “the amount of KRW 890,000 on August 10, 2015, KRW 200,000 on August 12, 2015, and KRW 5,390,000 on September 10, 2015,” respectively.

C. The third third part of the judgment of the court of first instance (“the instant money”) shall be deemed to be “the said KRW 186 million.”

The third part of the judgment of the first instance is as follows.

“Third, the Defendant asserts to the effect that the Plaintiff used the amount of the loan that the Plaintiff paid to the Defendant.” However, on May 11, 2015, the Defendant sent to the Plaintiff a note, stating KRW 2,501,042 as the monthly amount of the Plaintiff’s loan amounting to KRW 186 million, and then paid KRW 5,390,00 to the Plaintiff over two months thereafter, it appears that the above note was sent to the effect that the Defendant would substitute for the Plaintiff’s loan amounting to KRW 186,00,000,000. If the Defendant borrowed the above money from the Plaintiff, there is no special reason to promise to repay, and even if there is a difference between the amount actually received from the Plaintiff and the amount promised to repay, it is reasonable to deem that the Defendant settled the amount of loan amounting to KRW 186,600,000,000.”

E. The fourth two lines of the judgment of the court of first instance are applied to “a performance” as “a performance”.

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.

참조조문

-민사소송법 제420조

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