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(영문) 부산고등법원 2020.11.26 2019나57803
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff claimed against the Defendants the payment of interest or delay damages on the loans amounting to KRW 80 million as of May 9, 2016, KRW 120 million as of June 20, 2016, KRW 400 million as of July 28, 2016, KRW 400 million as of July 28, 2016, ④ loans amounting to KRW 250 million as of March 28, 2017, and KRW 250 million as of each of the above amounts. The first instance court cited only the part on Defendant B as to the claims stated in paragraph (4).

On this basis, the Plaintiff appealed only the part of the “request for entry in paragraph (3) against the Defendant” and “request for entry in paragraph (4) against the Defendant C.”

Therefore, the scope of this court’s adjudication is limited to “request for entry in paragraph (3) against the Defendant and “request for entry in paragraph (4) against the Defendant C.”

2. Basic facts

A. The Plaintiff transferred money to D’s account or Defendant C’s account at the request of D from around 2016 to 2017.

B. D received two copies of the loan from Defendant B as follows from the Plaintiff, and the Plaintiff had two copies of the loan, and the Plaintiff currently holds two copies of the loan.

(1) In the event that a loan certificate is required to be specified under the following, the loan certificate shall be “the loan certificate” and the loan or loan amount shall be “the loan loan” or “the loan borrowed amount”). An order of priority between the parties in the first instance judgment shall be followed for the convenience of Germany.

3.40 million won / 200 million won / 200 million won / 200 million won / 3.5 of July 28, 2016 / 200 million won / 3 of the month / 2000 / Defendant C (the Do Governor’s seal) Defendant C (the Do Governor’s seal) Defendant C (the Do Governor’s seal)’s signature or seal on March 28, 2017 / 2.50 million / 2 of the month / each of the plaintiffs C (the Do Governor) Defendant C’s signature or seal on March 28, 201 / 2 of the due date / there is no dispute / 2 of the Plaintiff C’s signature or seal on July 28, 2017 / 300

3. Determination as to the claim against the Defendants related to the third loan

A. The plaintiff.

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