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(영문) 대전지방법원 2019.01.30 2018나102193
대여금
Text

1. All appeals by the Defendants are dismissed.

2. All costs of appeal shall be borne by the Defendants.

purport, purport, and.

Reasons

1. The Plaintiff requested KRW 38,500,000,000, which was the loan of KRW 35,000,000 and the additional loan of KRW 5,500,000, which was paid on October 2, 2013, and KRW 38,50,000, which was paid on loan of KRW 35,000,00, which was paid on loan of this case at the first instance court. Of them, the Plaintiff’s claim for additional loan of KRW 5,00,000 was dismissed, and KRW 33,50,000,000, out of the loan of this case was cited.

Therefore, since only the defendants appealed against the part of the loss, the scope of the judgment of this court is limited to the claim of KRW 35,000,000, which was settled with the loan certificate of this case, and the above additional loan of KRW 5,00,000 is not subject to the judgment of the court.

2. Determination as to the cause of action

A. In full view of the statements and the purport of the entire arguments in Gap evidence 1, Eul evidence 1-2, Eul evidence 1-2, Eul evidence 2-2, Eul evidence 3-9, and Eul evidence 3-9, the defendants borrowed 35,000,000 won from the plaintiff at the latest on several occasions from November 20, 2004 to the defendants. Among them, the defendants' assertion that "the defendants borrowed 35,000,000 won from the plaintiff, the interest for 25,000,000 won on the remaining 1% per month, and the interest for 300,000,000 won on the 1 to 10,000 won per month shall be paid on the 10,000 won per month, and 300,000 or 300,000 won on the 30,000 won on the 30,000 won per month shall not be accepted, but the defendants' assertion that "the above 100," as the defendant's signature of this case.

Therefore, the Defendants jointly and severally pay to the Plaintiff KRW 33,500,000 and the same shall be paid from July 11, 2017, after a copy of the complaint was served on the Defendants.

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