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Reasons
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(영문) 서울고등법원 2018.12.19 2018나2023290
대여금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

Basic Facts

On July 23, 2004, Defendant 20,000 Check No. 20,000 on September 15, 2004, G account transfer G B B on May 13, 2005, 120,000 G B on November 28, 2005, Defendant 10,000 on May 10, 200, B on May 10, 2006, Defendant 10,000 KRW 0,000 on May 5, 2006 through May 7, 2006; Defendant 150,000,000 or KRW 15,000,000 on account transfer account transfer; Defendant 10,000,000 or KRW 150,000 on May 7, 200,00 on account transfer account transfer; and

A. From July 23, 2004 to July 20, 2006, the Plaintiff paid a total of KRW 500 million to G, etc. as indicated in the following table:

(hereinafter referred to as the “instant payment”). B.

The defendant on July 18, 2006 "amount for rent: 500 million won per day."

H. The loan will be borrowed on October 19, 2006 with a view to repaying the above amount of the loan until October 19, 2006

Monthly interest shall be paid in advance, and the monthly interest amount shall be KRW 13,000,000.

A special agreement: The payment date of interest shall be the 19th day of each month.

No. 10 of the loan certificates (hereinafter “the loan certificates of this case”) written and drawn up a letter stating that “The Plaintiff shall own KRW 500 million on October 31, 2006 the business fund of 500 million on the same day, and if the same date is not prepared by the above date, the cash amount of KRW 200 million shall be paid to the Plaintiff by November 30, 2006” (hereinafter “each letter of this case”) also written and written to the Plaintiff on the same day.

The borrowed seal of this case is accompanied by the Defendant’s signature and seal and the name and seal of “C Company D was the representative director in the corporate register from April 6, 2004 to April 6, 2007.” The signature and seal of “C Company D” is also accompanied by the name and seal of the Defendant as the representative director of C Company (hereinafter “C”).

C. The Plaintiff, on March 22, 2007, as the Suwon District Court of Suwon-si, 2007, decided C and the Defendant as the debtor.

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