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(영문) 광주고등법원 (전주) 2017.01.12 2016나10877
대여금
Text

The plaintiff's appeal and the defendant's appeal are all dismissed.

Expenses for appeal shall be borne individually by each person.

purport, purport, and.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, except where the parties add to the following judgments with respect to the contents of particular dispute in the court of first instance.

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. The further determination of this Court

A. Whether the Plaintiff’s assertion of KRW 238,00,000 on October 19, 2004 (Evidence 4, hereinafter “instant 1 Membook”) is recognized as a debt of KRW 238,00,000 entered in the Membook (Evidence 4, hereinafter “the instant 1 Membook”) and the Defendant’s loan certificate (Evidence 1, hereinafter “the instant loan certificate”) dated 9, 2004.

(2) On October 19, 2004, the defendant prepared a loan certificate of this case to the effect that the defendant will concurrently take over the loan amount of KRW 179,00,000 on the loan certificate of this case, and that the defendant's loan amount of KRW 59,00,000,000, which was added to the loan certificate of this case to KRW 179,000,000 on the loan certificate of this case, shall be settled at KRW 238,000,000, which was added to the loan certificate of this case, and the defendant's signature shall be stated in the first head book of this case. 2) The defendant's summary of the defendant's assertion was written to the effect that the defendant will concurrently take over the loan amount of KRW 179,00,000 on the loan certificate of this case among the loan to the plaintiff's employees, but the plaintiff cannot be recognized as the defendant's obligation.

The Plaintiff leased money to the employees employed by the Defendant, and received the Defendant’s signature in a document indicating the amount of the Plaintiff’s claim against the Defendant who arranged the lending of money several times. The Defendant’s signature was merely confirmed the amount of the Plaintiff’s claim against the employees and received the Defendant’s signature.

3. On the basis of comparison between the Plaintiff and the Defendant’s respective arguments, 179,000 won, which is the amount of obligations under the loan certificate of this case, out of KRW 238,00,00 as stated in the 1merial book of this case.

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