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(영문) 서울중앙지방법원 2016.02.02 2015나43010
대여금
Text

1. Of the judgment of the first instance, the part against the defendant ordering payment in excess of the following amount shall be cancelled, and that part shall be cancelled:

Reasons

1. Basic facts

A. The Plaintiff invested 400,000 won to the Defendant on October 2006, and lent 400,000 won to the Defendant on February 2, 2007.

(1) The Defendant invested the instant loan to China, and returned it, and returned it to the Plaintiff from March 5, 2008 to April 21, 2008, and invested the remainder 200,000 won in D (the representative E, hereinafter referred to as “D”).

B. The defendant, around November 5, 2008, prepared documents stating that "Around November 2008, the defendant agreed to pay 200,000 won of the loan of this case and 200,000 won interest, but failed to comply with the agreement, and that the interest and principal shall be repaid until November 30, 2008." "Around November 2008, the 400,000 interest and principal shall be repaid until November 1, 2009."

C. On July 2009, the Plaintiff brought a lawsuit to the Chinese People's Court of the People's Republic of China stating that "the Plaintiff lent 400,000 won to the Defendant around October 2006, and the Defendant is not fully repaid," with respect to the investment amount of this case, and the judgment was rendered in favor of some of 10,000 won out of the 400,000 won bill, on the ground that it is an investment amount.

On January 26, 2010, the Plaintiff filed a lawsuit seeking payment of KRW 400,00 (hereinafter “instant investment”) with the Seoul Central District Court 2010Kadan172929, which was dismissed on the ground that there was a final and conclusive judgment.

As above, the defendant returned 200,000 won out of the loan of this case to the plaintiff, and only on March 1, 2008, and August 12, 2008.

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