logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.06.14 2018나20011
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Of the instant lawsuit, the first instance court accepted only the claim of KRW 30,000,000 as of March 6, 2015 against the Defendants among the instant lawsuit, and dismissed the remainder of the claim of KRW 100,000,000 and the claim of KRW 50,000 against the Defendant Foundation.

The plaintiff appealed against this part of the judgment against the defendant foundation, and the claim amounting to KRW 50,000,000 on October 28, 2014 was excluded from the purport of appeal. Thus, the subject of the judgment of this court is limited to the claim amounting to KRW 100,00,000.

2. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

3. The Defendants asserted by the Plaintiff are jointly and severally liable to pay KRW 130,000,000 to the Plaintiff in accordance with the respective text of this case and the delay damages therefor.

4. Determination

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 130,000,000 and delay damages pursuant to the respective text of this case.

B. (1) Around September 5, 2014, the Defendants’ assertion against Article 104 (1) of the Civil Act: (a) KRW 303,168,476, which the Plaintiff remitted to the Nonparty bank, was repaid by the Plaintiff for the loan of the Nonparty bank, which is an existing lending bank, to obtain a loan from J Co., Ltd.; and (b) the Plaintiff cannot be deemed as the Defendants’ loan; (c) on the condition that the Plaintiff would deliver documents necessary for the registration of the transfer of ownership by taking advantage of the multilateral circumstance that the Defendant Foundation may lose ownership through the seizure of the instant real estate, etc., the Plaintiff prepared the instant letter to the Defendants

(2) Each of the statements in the evidence Nos. 3 through 6 of this case was written by each of the following facts alone with respect to the judgment of the Defendants’ 3 through 6.

between payment and consideration.

arrow