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(영문) 서울남부지방법원 2018.02.08 2016나7666
대여금 청구 및 계금반환
Text

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

Reasons

1. The reasons for the court's explanation concerning the instant case are as follows, and as follows, Gap evidence Nos. 17 and Nos. 23 (including serial numbers) and Eul, which lack to recognize the defendant's assertion, are the same as the reasons for the judgment of the court of first instance, except for the rejection of each statement of No. 20-1 through No. 4 of No. 20, which lacks to recognize the defendant's assertion, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

(a) The second 13th 13th 13th 2th 15 judgment of the first instance court is that “the Plaintiff” is “the Defendant”; “1470,000 won”; “the Defendant” in the 14th 15th 15th 15th 162,00 won should be refunded from the Defendant; “the Defendant shall be paid KRW 162,000.”

(b) “25,63,00 won” in the second sentence of the first instance judgment in the second sentence shall be added to “[ = 7.2 million won in the amount of KRW 6.8 million in the amount of KRW 8.4 million in the amount of KRW 6.2 million in the amount of KRW 8.4 million in the amount of KRW 6.2 million in the amount of KRW 8.4 million in the amount of KRW 1,295,00 in the amount of KRW 1.6 million in the amount of KRW 1.62,00

(c) from No. 4 of the first instance judgment to No. 5 of the second instance judgment are as follows.

“Such payment terms are different from ordinary methods of repayment of loans, and rather are similar to those of subparagraph 7-2 of the Investment Terms and Conditions (No. 7-2) provided for the offering of investment funds by the market price (see, e.g., Supreme Court Decision 700,000 won in the event of investing KRW 10,000,000,000 in the market price and KRW 3,000,000,000 in the surrounding amount, and the method of paying monthly and its surrounding amount is different. The method of paying 3.6 million won in the surrounding amount by dividing 10,000 won into 10 weeks, i.e., paying 3., the principal amount by dividing 3.60,000 won in each 3.60,000 won in the surrounding amount by 10 weeks.

(d) judgment of the first instance. 4.

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