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(영문) 대전지방법원 2015.05.01 2014나1278
대여금반환
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. From the first instance court on September 8, 200, the Plaintiff claimed loans of KRW 1.5 million; ② on July 3, 2008, KRW 4.4 million on August 30, 2008; ④ on October 7, 2008, KRW 380,000 on November 38, 2008; ② on November 3, 2008, KRW 3 million on the first instance court on the loan of KRW 7 million, KRW 9 million on the loan of KRW 7 million on the first instance court on the loan of KRW 7 million, KRW 3 million on the first instance court on the loan of KRW 7 million on the loan of KRW 9 million on the second instance court on the loan of KRW 7 million, KRW 3 million on the first instance court on the loan of KRW 9 million on the second instance court on the loan of KRW 200,90,000 on the first instance court on the loan of KRW 9.3 million on the loan of KRW 2 million.

However, the part against the defendant among the part concerning the principal lawsuit in the judgment of the court of first instance against the defendant, and the plaintiff appealed to the whole part concerning the counterclaim. The plaintiff appealed to the part concerning the principal lawsuit in the judgment of first instance against the plaintiff with respect to the loan 9, 40 times, and 50 times. The part concerning the principal lawsuit concerning the loan 1, 5, 9, and 50 times are excluded from the scope of the judgment of this court.

2. Basic facts

A. The Plaintiff remitted total of KRW 47,288,00 to the Defendant, etc. 17 times as follows.

(1) Transfer from the No. 4,500 on July 3, 2008 to the defendant's national bank account (J) 1 to the defendant's national bank account from the No. 1 of the plaintiff No. 1 of 2008 to the defendant's national bank account (K) on September 8, 2007.

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