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(영문) 서울고등법원 2015.03.06 2014나2031118
대여금 반환 청구의 소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons why the court of the first instance, which cited the judgment, stated in this case, are as stated in the corresponding part of the reasoning of the first instance judgment, except where the defendant adds the following judgment as to the new or repeated arguments in the trial.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the defendant's principal

A. The Plaintiff did not lend KRW 50 million to the Defendant on October 2006.

B. On April 27, 2009, the Plaintiff lent to the Defendant the necessary attorney fee, etc. in relation to C’s lawsuit, which the Defendant operated, to the Defendant, who is the representative director C, is not the Defendant borrowed.

C. The Plaintiff did not agree to pay interest on September 20, 2006 when lending KRW 100 million, ② KRW 50 million on September 29, 2006, ③ KRW 50 million on October 20, 2006 to KRW 5% on October 20, 2006.

Therefore, the Defendant is obligated to pay to the Plaintiff 202,72,593 won and the amount calculated by applying only 5% per annum from June 16, 2012 to the rendering of the instant appellate judgment, and 20% per annum from the next day to the full payment day.

3. In full view of the aforementioned evidence, in particular, the facts that the Plaintiff loaned the above money to the Defendant and agreed on interest, in full view of the purport of the entire pleadings in the arguments as to Gap evidence Nos. 2-1, 4-2, and 10.

All Defendant’s arguments are difficult to accept.

4. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit.

The judgment of the first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit.

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