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(영문) 광주지방법원 2017.02.10 2016나51466
대여금
Text

The plaintiff's appeal and the plaintiff's additional claim in the trial are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. The court's explanation concerning this case is the same as the written reasoning of the judgment of the court of first instance except for the following parts used or added. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or written in addition] The second letter of the second letter of the judgment of the court of first instance (hereinafter “the loan certificate of this case”) shall be added to “the loan certificate of this case”).

Part III through IV of the judgment of the first instance court shall be as follows.

E. Meanwhile, KRW 49.7 million out of the total amount of KRW 50 million transferred to the above passbook in the Plaintiff’s name was transferred to the Gwangju Bank account in the name of F on November 1, 2012 and the following day. Of loans remaining in the passbook in the name of the Defendant, KRW 13.8 million was transferred to the above account in the name of F on November 1, 2012, and KRW 8.1 million was transferred from the above account in the name of F on November 5, 2012 to the above passbook in the name of the Plaintiff.

In the third part of the third part of the judgment of the first instance, “each entry” shall be added to “the results of the response of the Gwangju Bank Co., Ltd. to the order to submit financial transaction information by the court of the first instance.”

(A) Following the 9th judgment of the first instance court, the Defendant is in the position of the principal debtor with respect to the instant loan certificate, and the Defendant is obligated to pay the above debt. The Defendant used the 3rd judgment of the first instance court as “B” and added “ even if the Defendant is not the principal debtor” thereafter. The 3rd judgment of the first instance court added the 14th judgment of the first instance court to “C”. The following contents may be acknowledged in full view of the factual relations and the purport of the entire arguments and evidence evidence presented prior to the 3rd judgment of the first instance court. In other words, the Plaintiff did not assert the Defendant as the principal debtor at the first instance court, and the Plaintiff asserted the above.

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