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(영문) 대전지방법원 2016.01.19 2014나13677
대여금
Text

1. The amount stated in paragraph 2 against the Defendant (Counterclaim Plaintiff) among the part against the main lawsuit of the judgment of the court of first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is that of the first instance court's judgment.

The provisions of paragraphs 3 and 3 are the same as the reasoning of the judgment of the court of first instance except for the following modifications, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. On the claim of KRW 60 million, the Plaintiff asserted that the Defendant and the Defendant have arranged the money that the Defendant would pay to the Plaintiff due to the money transaction during the said period in around 2011, and that the said money and interest would have been paid.

According to the records of financial transactions between the Plaintiff and the Defendant, the Defendant received money from the Plaintiff from time to time for a long time, and the account books submitted by the Plaintiff were prepared by entering the Plaintiff’s receipt of money transaction details at the time, and by carrying over the amount of money not repaid. According to the evidence No. 18, the Plaintiff stated “9/17, 10, 12/24, and 8/22” in the year 201 as the sum of each temporary loan amount of KRW 50 million and KRW 1,00,000,000,000 won, including the above 50,000 won and the premium, and there was no total amount of KRW 9,70,000,0000,000 won until the loan amount was transferred to the Defendant. However, according to the Plaintiff’s assertion, the sum of KRW 28 million transferred to the Plaintiff on November 11, 2007 and KRW 37,000,000,07.

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