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(영문) 대구지방법원 2020.12.16 2020나312221
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. From July 22, 2011 to February 10, 2012, the Plaintiff and the Defendant are as shown in the attached Table of Financial Transactions between the Defendant and the Plaintiff [only G of the Plaintiff and D Co., Ltd. with the representative director (hereinafter “D”).

Defendant [including the name of Defendant C] (hereinafter “C”) whose representative director is Defendant C (hereinafter “C”)

) A total of KRW 265,00,000 was remitted to the Plaintiff, and the Defendant remitted KRW 168,50,000 to the Plaintiff.

B. On May 13, 2016, the Plaintiff: (a) as between C and C on May 1, 2012, the Plaintiff approved that C bears the obligation on December 31, 2012, 200,000 loan 10,000, 20% per annum; and (b) as a result, C bears the obligation on the part of the Plaintiff on December 31, 2012; and (c) written an authentic deed of debt payment contract with the effect that C transfers KRW 100,000,000 to the Plaintiff out of the loan 732,60,000,000 to the E apartment reconstruction and rearrangement project partnership for the purpose of securing the said obligation (hereinafter “instant authentic deed”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7, Eul evidence Nos. 5, 6, 8, 9, 11-14, 18, 19, and 19 (including branch numbers, if any) and the purport of the whole pleadings

2. In light of the following facts and circumstances, the Plaintiff’s judgment on the cause of the claim was acknowledged to have lent KRW 235,00,000 to the Defendant without fixing the due date for reimbursement, and the Plaintiff is a person who received KRW 100,000 from the Defendant’s request for reimbursement, and thus, the Plaintiff did not receive a refund of KRW 100,00 among them. Thus, the Plaintiff asserted that the Plaintiff did not receive a refund of KRW 100,00,000,00 from July 22, 2011 to February 10, 2012. Thus, in light of the following facts and circumstances, the Plaintiff’s testimony as a witness of the first instance trial was acknowledged to have been comprehensively recognized as having comprehensively taken into account the following facts and circumstances: (a) the Plaintiff’s total amount of KRW 200,000 from the Defendant’s payment date for reimbursement; and (b) the Defendant shall be deemed to have received KRW 100,000 from the Defendant.

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