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(영문) 서울고등법원 2015.06.09 2014나46381

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Defendant operates H Co., Ltd. (hereinafter “H”) in the agricultural and fishery products market located in Songpa-gu Seoul Metropolitan Government, and G, as the Defendant’s female students, served as the Defendant’s accounting at H from October 2010 to October 2012, and was in charge of H’s accounting, such as the settlement of prices for commodities, and management of the Defendant’s personal account.

B. The Plaintiff: (a) deposited 10,000 won on September 21, 201; (b) deposited 20,000 won on September 27, 201; (c) another No. 30,000 won in the name of the Defendant; and (d) deposited 20,000 won in the account under the name of 30,000 won on December 9, 201; and (c) deposited 10,000 won in the account under the name of 10,000 won on December 1, 201, 30,000 won, other than the instant account; and (d) deposited 10,000 won in the name of 30,000 won on December 1, 200, 2000 won on each of the instant accounts under the name of 10,000 won on December 31, 201, respectively, indicated 40,000 won in the name of 1.

[Reasons for Recognition] A.1 to 5 records (including a branch number), testimony of witness E of the first instance court, the result of the order of submission of financial transaction information to the Nonghyup Bank of the first instance court, the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 from September 27, 201 to October 8, 2012.