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(영문) 서울고등법원 2016.08.24 2015나27547

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s financial transaction details 1) remitted total of KRW 183 million to the financial institution account in the name of the Defendant as listed below (hereinafter “instant money”). On June 22, 2012, Plaintiffs 20,000 on June 22, 2012, Defendant 5,000,000 on June 25, 2012, Defendant 1,000, on July 23, 2012, 2012, the Defendant remitted total of KRW 1,7340,000 to the financial institution account in the name of the Plaintiff as indicated below.

The sender’s remittance amount (in entry by the Defendant) indicated on the Plaintiff’s passbook on July 25, 2012, Defendant 3,320,000 B, Defendant 5,000,000 on August 23, 2012, Defendant B on August 23, 2012, Defendant B on August 28, 2012, Defendant 3,320,000 on August 28, 2012, Defendant B on December 4, 2012, Plaintiff 3,000,000 B on December 8, 2012, Defendant B on December 3, 200,000 (Defendant B on December 3, 200,000 Plaintiff on December 31, 200, Plaintiff 70,000 B on December 31, 200, Defendant 100 B on February 15, 2013

B. The defendant's remittance details and receipt details 1) The defendant remitted total of KRW 180,210,000 to another person out of the amount remitted from the plaintiff as set forth in the above A-A-1.

The remitter’s remittance amount (won) Defendant D 10,00,000 on June 22, 2012, Defendant D 10,000 on June 22, 2012, Defendant D 10,000 on June 22, 2012, Defendant C7,100,000 on June 22, 2012, Defendant JJ on June 25, 2012 is the Defendant’s mother.

The defendant stated the remitter to appear in J's account as "C" and remitted money through Internet banking.

Defendant 50,000,000 also stated that the remitter was “C” on June 25, 2012, and the said amount was transferred to a financial institution account in the name of E on the same day as the previous KRW 50 million.

5,000,000 Defendants F95,000,000 on July 23, 2012, 200 Defendants C5,000,000 on July 23, 2012, the Defendant received a remittance of the amount equivalent to the amount remitted by the Defendant to the Plaintiff from another person, as shown in the following table A-2, before remitting the amount to the Plaintiff, as set forth in the above paragraph (1).

The sender’s remittance amount (won) C on July 25, 2012, Defendant 3.