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(영문) 의정부지방법원 2018.06.08 2017나8778
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. From May 6, 2013 to August 5, 2013, the Plaintiff remitted the sum of KRW 71,000,000 to Defendant B as follows, and lent it:

'1-6 loans' when each of the following loans is named:

(1) The loan amount of KRW 71,00,000 on May 6, 2013, 201; KRW 71,00,000 on May 7, 2013; KRW 10,000 on May 15, 2013; KRW 40,000 on June 5, 2013; KRW 5,000 on June 5, 2013; KRW 5,000 on August 10, 2013; KRW 60,000 on August 10, 2013; and KRW 71,00,000 on August 5, 2013; and

B. From June 8, 2013 to August 22, 2016, the Defendants remitted a total of KRW 73,350,000 to the Plaintiff as follows. Of the remittance amount of KRW 9,150,000 as of November 24, 2014, the Defendants remitted a total of KRW 4,150,000 for other purposes, not the repayment for the loan.

8. 1,00 won on June 8, 2013 1, 200. 1,000 won on July 5, 2013; 3. 2,00,00 won on September 1, 2013; 5,00 won on September 1, 2013; 6. 1,000, 00. 6. 0. 1, 200. 1,000 won on August 8, 2013; 1, 200. 1,00. 1, 200. 1, 200. 1, 200. 1, 200; 1,000 won on May 1, 2014; 1, 2005; 1,000 won on August 1, 2014;

C. On the other hand, on May 6, 2013, the Plaintiff received a loan amounting to KRW 35,000,000 from Defendant B, and Defendant C jointly and severally guaranteed the above obligation of Defendant B.

After Defendant B received additional loans Nos. 5 and 6, the Defendants revised the loan principal on the above loan certificate to KRW 70,000,000, and delivered the loan principal to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, evidence 2-1 to 4, evidence 3-1, 2, and 4-1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff ① 50. 50.

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