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(영문) 서울고등법원(춘천) 2015.12.23 2015나1302
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. The purport of the claim is.

Reasons

Paragraph (2) concerning the plaintiff's assertion of cash lending as to this case by the Korean court which cited the judgment of the first instance.

(a)Paragraph 3(b) of the first instance judgment which adds the same content as the description;

(Nos. 6 and 5) Parts below, paragraph 2 below

(b)the person; and

(c) To deduct a change as described in the reasoning of the judgment of the court of first instance from the deduction, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition to the money remitted to the defendant account of the plaintiff as to whether to lend the additional and modified cash, the amount of the loan was also lent in cash, and the loan certificate was prepared by reflecting all such cash transactions.

Judgment

No. 10,000 won around March 10, 201,000 won around December 27, 2013, i.e., the interest rate fixed on the date of the filing of the order at the maturity date.

2. 10 million won on December 27, 2013 referred to as "the second proof"

3. 5 million won on December 27, 2013, referred to as "third proof"

4. 5 million won on May 27, 2014

5. around May 9, 2013, KRW 20,000,000,000,000,000 (hereinafter referred to as “the fifth increase”).

6. From June 27, 2013, KRW 10,000,000 on May 30, 2014, KRW 5% per month.

7. 7.5% of the July 31, 2014, which is KRW 10,000,000,000,000,000,000.

8 The amount of KRW 25 million around December 31, 2013 is KRW 25 million.

9. The payment made after January 23, 2014 to KRW 15 million includes the fact that the payment made after January 23, 2014 should be made preferentially with KRW 15 million; hereinafter referred to as “No. 9 primary proof”).

10,000,000 won around March 8, 2014, KRW 3 million,000,000,000 “10,000” on July 23, 2014

Comprehensively taking account of the overall purport of the pleadings in each statement of evidence No. 1-1 to No. 10 and No. 2, the Plaintiff borrowed money from June 29, 2012 and received repayment to the Defendant from June 29, 2012. In the course of such a series of monetary transactions, the Plaintiff and the Defendant prepared a total of 10 borrowed receipts as if they were seen in the table below.

section 23 of this title.

Gap evidence 2, Eul evidence 4-1 to 15-.

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