logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.09.27 2016나27100
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant is from January 17, 2016 to KRW 20,000,000 to the Plaintiff.

Reasons

1. Judgment on the parties’ assertion

A. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 3, the plaintiff loaned a loan of KRW 10 million to the defendant on January 10, 2003, KRW 10 million on June 28, 2009, and KRW 25 million on July 2, 2009 (the loan was issued on June 28, 2009 and July 2009) (the due date for repayment was set on July 20, 2009). Since the plaintiff was obligated to pay KRW 10 million on July 10, 2003, KRW 200,000 to the plaintiff on July 205, 209, KRW 15 million on July 22, 2009, KRW 2006 to the plaintiff on July 205 (the remainder of the loan which was claimed on July 10, 200, KRW 2009).

B. As to this, the Defendant asserted that the Plaintiff repaid the loan of KRW 10 million on or around September 21, 2009 to the Plaintiff on or around June 28, 2009, and that the Defendant repaid the loan of KRW 25 million on or around the end of 2012 through July 2, 2013 to the early police officer on or around July 2, 2013. However, the Defendant’s defense is insufficient to acknowledge this only by the statement in the evidence No. 1, and there is no other evidence to acknowledge this otherwise. Therefore, the Defendant’s defense is without merit.

2. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, and it is so decided as per Disposition after cancelling the judgment of the court of first instance and accepting the plaintiff's claim.

arrow