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(영문) 대구고등법원 2017.11.24 2017나231
대여금
Text

1. Defendant B, among the part against Defendant B in the judgment of the court of first instance, exceeding the cited part of the Plaintiff’s claim as below.

Reasons

1. The main part of the lawsuit against the defendant B

A. 1) The Plaintiff is the husband of Nonparty G.

Defendant B is at the same time the birth of G and at the same time Defendant C’s speech.

B) On February 16, 2011, the Plaintiff lent a total of KRW 250,000,000 to Defendant B (hereinafter “instant loan”).

(2) Of the loan, 200,000 won was leased without fixing the due date, and the remaining 50,000,000 won was leased on April 16, 201. The Plaintiff demanded the Defendant B to return the loan and its delay damages by serving a copy of the instant complaint on April 16, 2011. [Grounds for recognition] The Plaintiff did not dispute, as stated in the evidence No. 1-2 and No. 1-2, as well as the purport of the entire pleadings, barring any special circumstance, Defendant B served the Plaintiff with the due date 50,00,000 won of the loan, 200,000 won of the principal of the instant loan, and 50,000,000 won of the loan, 20,000,0000 won of the loan, 60,0000 won of the loan, 20,0000 won of the loan, 30,000,000 won of the loan, 20.

The plaintiff asserted that the plaintiff made an oral agreement with the defendant Eul to receive 1,500,000 won per month as interest on the loan of this case from the defendant Eul. However, it is not sufficient to recognize the above only with the descriptions of the evidence Nos. 2 and 7-1 and 2, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is with merit.

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