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(영문) 인천지방법원 2020.07.16 2018나62099
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion 1) The Defendant promised to the Plaintiff that “the Defendant shall be liable for and repaid the loan if it received the loan under the Plaintiff’s name.” Accordingly, the Plaintiff borrowed KRW 50 million and KRW 100 million in the Plaintiff’s name from C Union and provided the Defendant with the loan of KRW 100 million. However, the Defendant did not pay the remainder of KRW 50 million and interest on the loan. Accordingly, from September 208 to December 2, 2019, the Plaintiff paid KRW 46,56,977 including the principal and interest on the loan of KRW 30 million and the interest on the loan of KRW 50,000,000,000,000,0000 and KRW 46,556,977,000,000,000,000,000,000,000,000 won and KRW 10,000,000,00.

(2) The reasoning for this part of the Defendant’s assertion is as stated in the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination

A. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 2, Gap evidence 6-1, Gap evidence 7-1, Gap evidence 8, Gap evidence 9, Eul evidence 10, Eul evidence 3, Eul evidence 3, and the whole purport of the arguments in witness F's testimony, and there is no counter-proof.

1. The amount of cash 280,000 won shall be deposited in the Plaintiff’s account in which the interest rate of KRW 50,000 is automatically transferred in the Plaintiff’s account on July 31, 2008 and shall be the mutual aid money on the same day.

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