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(영문) 춘천지방법원 2018.10.31 2018나51352
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The court's explanation concerning this case is 3-B of the reasoning of the judgment of the court of first instance.

Since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it is quoted in accordance with the main sentence of Article 420

2. 3-3;

The parts below the paragraph shall be dried as follows:

(c)In accordance with the facts without dispute, Eul evidence Nos. 8 and 9 (including the number of pages; hereinafter the same shall apply), the testimony and the whole purport of pleadings by the witness C, the amount repaid by the defendant is as follows, and the details of appropriation of the amount repaid by the defendant in the order of appropriation for court, are as listed in the annexed sheet, and the amount remaining after the repayment is 84,568,07 won as of October 21, 2016.

On November 19, 2014, the Defendant transferred KRW 2,000,000,000,000 to the Plaintiff, in total, KRW 3,316,000,00 from the Defendant’s agricultural head of the NAC, and KRW 3,316,00,00 from the Defendant’s agricultural head of the NAC (E) on November 19, 2014.

However, according to the witness C’s testimony, 316,00 won is deemed to have been paid as a separate premium, and there is no other evidence to deem that the amount was paid as the repayment of the instant loan, so the amount of the reimbursement is only KRW 5,00,000.

2. On December 19, 2014, the Defendant transferred KRW 4,500,000 to the Plaintiff the sum of KRW 2,000,000,000,000 from the Nong AFC (E) to December 19, 2014, and KRW 2,500,000.

In addition, the defendant asserts that he paid the sum of KRW 5,500,000 by offsetting the time limit money of KRW 1,00,000,000. However, there is no evidence to set off the time limit money. Therefore, it is reasonable to view that the time limit money was KRW 4,50,000.

3. 42.22. 2,00,000 won 4.27.01. 27.01. 27.000,000 won 5.2,000,000 won 6.2,000 won 7.04.20 2,000,000 won 8.00 won 82,000,000 won 8.05.20,000 won 8.05.2,000 won 2,000,000 won 1,00,000,000 won in the Plaintiff’s account.

In addition, the defendant asserts that the defendant paid KRW 2,000,000 by offsetting the time limit money of KRW 1,00,000, and the plaintiff did not dispute this.

9 2,00,000 above 10.19 2,000

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