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(영문) 부산고등법원 2017.12.06 2016나52326
부당이득금 등
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. The reason why the court uses this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim for discount on bills and checks

A. On September 201, the Plaintiff requested discount of the bill No. 1 of this case to the Defendant on or around September 201. The Defendant agreed to pay a discounted interest of KRW 45 million at the face value of the bill No. 1 of this case, subtracting KRW 4.5 million from the discounted interest of KRW 5 million, there is no dispute between the parties. Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 39.5 million after deducting KRW 39.5 million from the discounted interest of the bill No. 1 of this case. 2 of this case. 2 of the Defendant’s assertion that the Defendant transferred KRW 1 of this case to the Plaintiff on September 29, 201, KRW 38.8 million to the account under the name of the Plaintiff, KRW 9.1 million to the Plaintiff on September 1, 2011, KRW 18.1 million to the Plaintiff on October 13, 2011, KRW 1.5 million each of the instant bill No. 945 million to the Plaintiff’s transfer of this case No. 2501.1.

However, considering the overall purport of the arguments in Gap evidence Nos. 10, 11, 12, 19, 32 and Eul evidence Nos. 12, the defendant borrowed KRW 48 million from the defendant on September 28, 2011 and transferred the money after deducting KRW 1,200,000 from the prior interest and KRW 1,80,000,000,000,000,000,000 won, which was transferred after deducting KRW 2,000,000 from the plaintiff at a discount from the defendant, and the money transferred after deducting KRW 2,00,00,000 from the amount of the promissorysory note of KRW 2,00,00 from the plaintiff.

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