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(영문) 서울북부지방법원 2018.06.26 2017나36756

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The following facts may be found either as a dispute between the parties, or as a whole as to Gap's 1 to 9, Eul's 1 to 3, and the fact-finding results as to the point of North Korean Agricultural Cooperatives C branch in the party's trial. A.

On August 22, 2003, the Plaintiff was awarded a successful bid of Dobong-gu Seoul Metropolitan Government E Apartment 109 Dong 603 (hereinafter “instant apartment”) in the name of the Plaintiff at voluntary auction, and completed the registration of ownership transfer with respect to the instant apartment on the same day.

B. The Defendant became aware of the Plaintiff while nursing D at a hospital.

C. On March 14, 2006, F, the Defendant, opened an account at the NAC branch on March 14, 2006, and was loaned KRW 10 million at the above branch on March 16, 2006.

The loan 10 million won that F received was deposited in the F’s account on March 16, 2006, and was immediately withdrawn on March 23, 2006.

E. On May 4, 2006, the Defendant opened an account under the name of the Defendant at the IBK Enterprise Bank (hereinafter “instant account”).

F. On May 10, 2006, the Plaintiff completed the registration of ownership transfer with respect to the apartment of this case under the name of the Defendant on March 12, 2006.

G. On June 1, 2006, the Plaintiff deposited KRW 20 million in the Defendant’s account under the Defendant’s name, and on the same day, the said money was transferred to the Drink Co., Ltd. (hereinafter “Drink”) as it is on the same day.

H. Drinker deposited a certain amount in the instant Defendant’s account from April 2007 to April 2007.

I. The plaintiff issued the plaintiff's cashier's checks on March 15, 2007. On March 15, 2007, the plaintiff issued the cashier's checks at the face value of KRW 10 million. 2) The above cashier's checks are pre-issued.

As seen in this subsection, F has been used in repayment of KRW 10,065,534 with interest of KRW 10,000,000,000 from the agricultural branch of the Seoul Northern District.

(j)..