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(영문) 대구지방법원 2015.04.02 2014나17709
중기대여금
Text

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

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Evidence Nos. 1, 2, 5, and 1, 2, and 4 of the first instance court's judgment" of No. 6 of the second instance court's judgment is as follows: "Evidence Nos. 1 through 3, 5-1, 2, 1-1, 2, 4-1 through 11, 4-13 of the evidence No. 1, 5-1, 2, 2-2 of the evidence No. 1-1, 1, 4-1, 4 of the evidence No. 6 of the second instance court's judgment, and "the testimony of the witness F alone" of the third instance judgment is hard to believe that the testimony of the witness G of the first instance court is consistent with the above argument of the defendant, and the testimony of the witness F of the first instance court is added to the second instance court's evidence No. 14, and the second instance witness No. 15 through 19 of the second instance judgment.

“The part” is revised, and the decision by the defendant on the matters alleged in the trial is the same as the part on the grounds of the judgment of the court of first instance, and thus, it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Part】

C. Around September 2012, the Plaintiff temporarily suspended the lending of the pumps at the same construction site from December 2, 2012 to January 2013, 2013, but re-leased the pumps at the same construction site. The mid-term loans for December 2012 (648,600 + value-added tax 64,860 + value-added tax 64,860) and mid-term loans for January 2013 are 3,959,450 won (3,59,500 + value-added tax 359,950 won).

The Defendant paid to the Plaintiff KRW 6,270,00 ( KRW 5,700,000 + value-added tax of KRW 570,000 + KRW 570,000) in addition to the total amount of KRW 3,850,00 on March 5, 2013.

【Supplementary Use】

2. According to the facts found in the determination as to the cause of the claim, the Defendant shall pay the Plaintiff a mid-term loan of KRW 21,068,025 ( KRW 22,65,115 + KRW 713,460 + KRW 3,959,450 + KRW 6,270,000) and the following day from August 27, 2013 to April 2, 2015, which is the date the original copy of the instant payment order sought by the Plaintiff, deemed reasonable to dispute as to the existence or scope of the obligation.

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