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(영문) 대구지방법원 2017.01.19 2016나303893
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the modification and addition of the three parts as follows. As such, it refers to the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The third party decision of the court of first instance refers to "the wife" of the third party decision of the court of first instance as "the wife".

B. Following the third day of the judgment of the first instance court, the Defendant added the following: “Unless there are special circumstances, the Defendant is obliged to pay to the Plaintiff 22 million won (i.e., KRW 120 million - total amount of KRW 98 million paid by the Plaintiff) and damages for delay after May 1, 2015.”

C. Next, according to the evidence of the first instance court’s first instance judgment, the Plaintiff appears to have separately lent KRW 30 million out of the amount of KRW 50 million received by the Defendant on May 15, 2014 to C upon the Defendant’s request.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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