(영문) 서울북부지방법원 2015.05.22 2015나470

대여금 반환


1. The defendant's appeal is dismissed.

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

Purport of claim and appeal



1. A) B, B, and C above shall borrow from B as of September 5, 2003, 100 million won (Won 100,000,000) as an investment concept, and pay to B in the form of dividend, the daily sum of 1,300,000 (Won 1,300,000) monthly.

A representative B of D Company on September 5, 2003

A. On September 5, 2003, the deceased paid KRW 100 million to the Defendant on the same day. On the same day, the Defendant made and issued to the Deceased an agreement with the following contents (hereinafter “instant agreement”).

B. As stipulated in the instant agreement, the Defendant has paid 1.3 million won per month to the Deceased from October 2003 to February 2008, and 1.0 million won per month from March 2008 to April 2009, but no money has been paid thereafter.

C. On June 16, 2013, the Deceased died, and his heir is the Plaintiff, the spouse, and E, and F. On July 10, 2013, the heir entered into an agreement on the division of inherited property with the content that the Plaintiff succeeds to the deceased solely.

[Ground of recognition] The facts without any dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 5 through 9, Gap evidence 11, and the purport of whole pleadings

2. The Plaintiff expressed to the Plaintiff the intent to “not to file an appeal” through text messages on December 23, 2014, and the instant appeal contrary to the promise is unlawful on the grounds that there is no benefit of the appeal and the protection of rights.

According to Gap evidence No. 28-1, the defendant, on December 23, 2014, after the judgment of the court of first instance of this case was rendered, "I would like to have the Egrgrb's wal wal wal wal wal wal wal wal wal wal we would respect the law. And we would not appeal to the plaintiff in the surrounding area. At least, I will see my mind to see the author's wal wal wal wal wal wal. we will wait for."