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(영문) 서울고등법원(인천) 2020.07.24 2019나13375
대여금
Text

Of the judgment of the court of first instance, the Plaintiff’s KRW 233,641,861 and KRW 117,379,932 among the Plaintiff’s KRW 24 August 24, 2017.

Reasons

1. The reasoning for this part of the judgment of the court below is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim by the Plaintiff Corporation

A. In full view of the overall purport of pleadings in Gap evidence Nos. 1, 2, 5 through 7, 21, 61 through 64, 67, and 68, and Eul evidence Nos. 5 as to the cause of loan claim, the plaintiff corporation loaned KRW 432,173,362 to the defendant corporation by account transfer or cash payment at the request of the plaintiff corporation more than 100 times from March 2010 to December 2016. The defendant corporation borrowed money from the plaintiff corporation to use it for the purpose of operating expenses, interest, insurance money, card payments, communication expenses, etc. The defendant corporation did not have any obligation to pay the plaintiff corporation the total amount of loans to the defendant corporation from July 201 to June 2014, the defendant corporation did not have any obligation to pay the plaintiff corporation the amount of loans to the defendant corporation as stated in the statement Nos. 23,795,713 as to the defendant corporation's account transfer money under the name of the plaintiff corporation.

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