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(영문) 의정부지방법원 2020.11.17 2019나5308
대여금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. As to this part of the basic facts, the corresponding part of the grounds for the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. As to the assertion and determination, the pertinent part of the grounds for the judgment of the first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, and the determination of the Defendant’s assertion that is deemed below is added thereto.

[4] The defendant raises a defense that he paid KRW 7,00,000 as a total of KRW 2,00,000 around February 2009 and KRW 5,00,000 around July 209. In full view of the entries and arguments in Eul evidence Nos. 8, the defendant can be acknowledged to have paid KRW 2,00,00 to the plaintiff on February 9, 2009 by means of account transfer, and there is no counter-proof. Further, there is no dispute between the parties to receive KRW 5,00,00 from the defendant on July 20, 209. However, since the plaintiff's claim for payment of KRW 1,00,000 is part of the initial deduction of KRW 20,000,000,000, it is difficult to accept the remainder of the payment of KRW 300,000,000,000,000 as well as the remainder of the payment of KRW 300,000,000.

Therefore, the defendant's appeal is partially accepted, and it is decided as per Disposition.

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