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(영문) 서울고등법원 2015.09.17 2015나9679
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasons why this Court's argument is explained by the parties are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except for the case where "E apartment 29 Dong 209" is used as "E apartment 29 Dong 206" in two pages 2 of the judgment of the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Judgment

Therefore, first of all, we examine whether the Plaintiff lent money to the Defendants as alleged by the Plaintiff.

May 3, 1989 for E-unit buildings

4.1. The fact that on June 27, 1994, the registration of ownership transfer was completed under the Plaintiff’s name on the ground of sale; on E apartment, the debtor was completed with the maximum debt amount of KRW 36,00,000; on September 30, 1998, agricultural cooperatives loaned KRW 27,000,000 to the Plaintiff on September 30, 1998; on March 27, 1996, the debtor was completed the registration of ownership transfer with the promotion mutual savings and finance company for the Plaintiff, the maximum debt amount of KRW 96,00,000; on March 27, 1996, the mutual savings and finance company loaned KRW 76,00,000,000 to the Plaintiff on December 29, 1998; on the loan of KRW 10,000,000,000 to the Plaintiff as collateral each of the above E apartment; and on the loan of KRW 930,090,009.

3. The transfer registration of ownership in the name of I was completed on the ground of sale and purchase on April 29, 199. As part of the above purchase price, KRW 27,00,000 of the loan in the agricultural cooperative on April 29, 199, KRW 100,000 of the loan in the promotion mutual savings and finance company on April 30, 199, and KRW 1,00,000 of the loan in the promotion mutual savings and finance company on April 30, 199. The remaining purchase price is owned by the Defendants, and the ownership transfer registration in the name of the Plaintiff on January 7, 2010 was completed on the F apartment on December 10, 209, there is no dispute between the parties, or can be recognized by the entries in the evidence No. 1, No. 2, No. 3-1, and No. 4.

On the other hand, however, evidence Nos. 6-1, 2, and 1-1 are respectively included.

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