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(영문) 서울고등법원 2020.05.27 2019나2006438

대여금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claim corresponding to that part is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff A and the Defendant met in Esung around 201, and the Plaintiff AD (hereinafter “Plaintiff AD”) are Plaintiff A and the Defendant were in a relationship with the Defendant respectively.

B. The Plaintiffs continued to meet D around October 2016 through the Defendant.

D The Plaintiffs promised to return at any time the principal at any time, and the Plaintiffs, from November 29, 2016 to February 10, 2017, remitted total of KRW 216,700,000 to the F Association account in the name of D (Account Number: G; hereinafter “F account”) as listed in the following table 1:

Details of the date and time of deposit deposit money: A A 1 on November 29, 2016; 2,700,000 FD 2 A on December 1, 2016; FD 3 A on December 3, 200,000 FD 4 A on December 5, 2016; A 10,000,000,000 FD 5 A on December 13, 2016; 20,000,0000 FD loans on December 21, 2016; 5 A 5 A on December 20, 20,00,000,000 FD loans 6 AD loans on December 17, 2016; 10,000,000,000 A/ [the aggregate of FD loans 10,000,70,000 A. 200]

C. Most of the money deposited into the instant F account was immediately transferred to, or deposited into, the instant I Bank account under the Defendant’s name (Account Number: J. hereinafter “instant I Bank account”). The details are as listed below 2.

Serial F Account of 10.1.29: (a) the deposit date of the Plaintiffs on the deposit date of the instant I Bank Account; (b) November 29, 2016 to December 24, 2016; (c) the deposit date of the Plaintiffs on the deposit date of the instant I Bank Account; and (d) the deposit date of Plaintiff 3,500,000,000 on December 5, 2016 to December 10, 2016; (d) the deposit date of Plaintiff 10,000,000 on December 5, 2016 to 3,00,50,000,000 on the deposit date of Plaintiff A on December 5, 2016; and (e) the deposit date of Plaintiff 10,000,000 on December 10, 200, 2009,009,300,000 on December 16, 2016.