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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. The facts under the summary of the case do not conflict between the parties, or may be found in Gap evidence Nos. 5, 20, 22 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 9, 12, and 14 together with the overall purport of the pleadings.
The status of the parties, plaintiffs E, defendants, F, and G through 5 invested in the share of 20%, respectively, and H Co., Ltd. was established. The Selection C is the defendant's wife, and the Selection D is the defendant's birth.
B. The Plaintiff and E entered into a joint investment agreement with the Defendant, etc., the Plaintiff and E invested funds, and the Defendant et al. lent funds including the said investment funds to Samhovas Co., Ltd. (hereinafter referred to as “Thovas”) or Posco Co., Ltd. (hereinafter referred to as “Posco Co., Ltd. prior to the modification,” and the said two companies combined, to settle the principal and interest repaid by the Nonparty Co., Ltd. in the future in proportion to the investment share of the said loans (hereinafter referred to as “instant investment agreement”).
C. On April 29, 2004, 100,000 won was determined on May 31, 2004, and 10% per interest month (hereinafter “the first loan of this case”) and lent 10% on April 29, 2004.
(2) On December 6, 2004, the Defendant, etc. lent KRW 40,000,000 to the non-party company via G.
(2) On October 25, 2005, 100,000 1,80,000 shares of the Austria was provided as security on October 25, 2005 (hereinafter “the second loan”) Doz. D (hereinafter “the third loan”) set the due date of payment as 10% on January 31, 2006 and the interest rate as 10% on the third loan (hereinafter “the third loan”).
2. Claim Nos. 1 and 3 concerning the instant loan
A. The Plaintiff invested a total of KRW 95,000,000 out of the total amount of KRW 200,000,000 in the instant loans 1 and 3 to the Defendant, etc., and the Defendant, etc. total amount of said loans from the Nonparty Company.