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(영문) 전주지방법원 2019.11.21 2019나985
대여금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff loaned 140 million won in total to the Defendant as stated in the attached table Nos. 1 through 15, and on December 15, 2015, the Plaintiff received reimbursement of KRW 20 million out of the above amount from the Defendant on December 15, 2015, and filed a claim for the remainder of KRW 940 million after deducting KRW 20 million from the above loan No. 114060,000 (= KRW 114 million-20 million) and damages for delay.

The court of first instance recognized the loan of KRW 35 million in aggregate of the amounts listed in the table Nos. 1 through 4, and accepted the remainder of KRW 15 million after deducting KRW 20 million from the Plaintiff’s person who was repaid, and dismissed the remainder of the Plaintiff’s claim.

Since only the plaintiff appealed against this issue, the object of this court's adjudication is limited to the claim amount of the money listed in No. 5 to No. 15 of the attached Table.

2. The reasoning for the court’s explanation concerning this case is as follows: “G” at the bottom of the second part of the judgment of the first instance shall be deemed “AF”; “Duplicated” at the bottom of the second part of the judgment of the first instance shall be deemed “aF”; “Duplicated” at the bottom of the sixth 11 and the lower part shall be deemed “original copy”; and the Plaintiff’s assertion of emphasizing or adding the judgment at the trial of the first instance shall be as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment under

3. Additional matters to be determined;

A. As to the summary of the Plaintiff’s assertion: (a) KRW 8 million in cash to the Defendant, the Plaintiff respectively lent KRW 3 million on September 10, 2015, and KRW 5 million on September 14, 2015, respectively.

② On September 21, 2015, the Plaintiff lent KRW 5 million out of the above KRW 10 million to the Defendant by delivering five copies of the check of KRW 10 million.

Attached Form

With respect to the sum of KRW 61,060,000 (hereinafter attached table Nos. 5, 7, and 15) stated in the table Nos. 7 through 15, hereinafter referred to as “the instant money”).

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