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서울고등법원 2015.05.21 2014나2030436

대여금 청구의 소

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1. The plaintiff's appeal and the plaintiff's claim against the defendant B expanded in the court of appeal are all dismissed.

2. Appeal;

Reasons

1. The reasoning for the judgment on the part of the Plaintiff’s existing loan claim is as follows: (a) The court shall explain the Plaintiff’s claim for the loan of KRW 150,00,000 on January 21, 2009 and the Defendants’ claim for the loan of KRW 100,000 on June 25, 200 and November 25, 2009; (b) the part on the Plaintiff’s existing loan claim of KRW 12,14,17,18,21, and 25 on the ground that “The evidence submitted by the Plaintiff including the evidence of KRW 12,14,17,18,21, and 25 on January 21, 209 and the evidence of KRW 12,14,17,18, 21, and 25 on November 25, 200; and (c) the evidence submitted by the Plaintiff from the first instance court to the second instance court’s judgment, and each part on the evidence of KRW 121, 25-21, and 25-21-25.”

2. Determination as to the Plaintiff’s claim for loans against Defendant B extended in the trial room

A. The gist of the Plaintiff’s assertion was that the Plaintiff loaned the interest of KRW 150,00,000 to Defendant B by designating a total of KRW 150,000 as 1% per month and depositing it in L’s bank account. As such, Defendant B is obligated to pay the Plaintiff the above loan amounting to KRW 150,000,000 (hereinafter “instant loan”).

B. According to the overall purport of the statements and arguments as to the plaintiff's cause of the plaintiff's claim Nos. 33, and No. 16, the plaintiff lent to L on September 1, 2008 the sum of KRW 150,000,000,000 on September 2, 2008, and KRW 150,000,000,000 on September 2, 2008. L re-loans the entire amount of the above amount to N on September 25, 2008, but deposited it in the bank account of L's wife M with N, with the total principal and interest paid from N on September 25, 2008. ② L from Defendant B, the sum of KRW 150,00,000 on September 1, 200, several days.