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서울고등법원 2016.02.25 2015나22177

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

The relationship E is between the co-defendant C of the first instance trial (hereinafter referred to as “C”) and high schools and universities, and the Defendant was aware of while working together in the company “F” in the past.

Defendant and C are inter-sects, and the Plaintiff is the mother of E.

Defendant and C Co., Ltd., Ltd. (hereinafter “instant company”) had been actually operated with Defendant and C as a company established on August 24, 2006 for the main purpose of business, such as the business of supplying promotional products, the business of selling promotional materials, etc., and the Defendant was mainly in charge of fund management or sales during the period between March 26, 2008 and January 26, 2010 as indicated below:

The Plaintiff, from his bank account, remitted the Defendant a sum of KRW 169,941,200 as indicated in the “1” column, and received KRW 106,591,200 in total as principal and interest as stated in the “2” and “3” column.

순번 일자 원금 ③ 이자 입금액(원) ① 출금액(원) ② 입금액(원) 1 2008. 03. 26. 20,000,000 2 2008. 04. 02. 10,000,000 3 2008. 04. 28. 10,200,000 4 2008. 06. 27. 5 2009. 01. 14. 10,000,000 6 2009. 01. 14. 10,000,000 7 2009. 01. 14. 10,000,000 8 2009. 01. 15. 10,000,000 9 2009. 01. 15. 5,000,000 10 2009. 01. 30. 7,000,000 11 2009. 02. 10. 7,000,000 12 2009. 02. 11. 10,000,000 13 2009. 02. 11. 10,000,000 14 2009. 02. 27. 2,700,000 15 2009. 03. 26. 20,000,000 16 2009. 03. 30. 25,000,000 17 2009. 03. 30. 2,550,000 18 2009. 04. 06. 10,000,000 19 2009. 04. 06. 10,000,000 20 2009. 04. 20. 21 2009. 04. 27. 22 2009. 05. 14. 10,000,000 23 2009. 12. 21. 37,941,200 24 2010. 01. 26. 1,200,000 25 2010. 01. 26. 37,941,200 합계 169,941,200 100,141,200 6,450,000 차액 69,800,000 <표> 피고가 원고로부터 입금받은 금원 중 위 <표> 순번 5, 6, 7, 8, 9...