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(영문) 대구지방법원 2017.04.19 2016나309259
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the pertinent part is modified or added as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Of the text of the first instance judgment, the Plaintiff received KRW 6,160,00,00 (i.e., KRW 1.1 billion x 5.6% x 5.6%) from the Defendant and the Defendant agreed to jointly manage the said investment (i.e., KRW 6,160,00,000) to the effect that “the Plaintiff terminated” of the second 2nd 8th 8th , and “the Plaintiff received from the Defendant or C on April 30, 2012 to transfer KRW 84,40,000 from the Defendant or C on July 15, 2015 to the Defendant, and “the Plaintiff borrowed KRW 30,00 from the Plaintiff or C on April 30, 201,” and “the Defendant borrowed KRW 30,400,000 from the Defendant or C on July 15, 2015,” and “the Plaintiff or C was remitted to the Defendant from the Plaintiff to the Defendant from the Plaintiff 30, 40130,”.

B. On the fourth and second pages of the first instance judgment, the following is added.

In addition, as to the defendant's assertion that the plaintiff should return to the defendant the half of KRW 61.6 million which the plaintiff received as other expenses, the amount of KRW 30.8 million shall be returned to the defendant, and according to the statements in subparagraphs 1 and 3 of the evidence No. 4-1 and 3, the plaintiff, the defendant, and C enter into an investment agreement around August 2014, and the "investment proceeds."

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