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(영문) 서울고등법원 2020.05.06 2019나2020137

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff transferred KRW 40,000,000 to the Defendant, who was his/her workplace, and KRW 238,50,000 on March 18, 2016, respectively, to the Defendant, who was his/her workplace.

B. The Defendant prepared and delivered the loan certificate as follows and delivered it to the Plaintiff.

The loan certificate (250,00,000 won) issued on June 9, 2016 from June 9, 2016 to July 21, 2016, stating that “The Defendant borrowed 250,000,000 won from June 9, 2016 to July 21, 2016, with the interest rate fixed at 5% during the said period” as the loan certificate (250,000,000 won from July 20, 2016 to August 18, 2016 to the effect that “the Defendant borrowed 250,000,000 won from July 20, 2016 to the loan certificate (250,000 won from July 21, 2016 to the interest rate of 3%).”

C. D, the representative director of a corporation C (hereinafter “C”) who was in charge of financial affairs while serving as an auditor from March 29, 2016, prepared a promissory note and a monetary loan agreement with the Plaintiff as follows, and deliver them to the Plaintiff.

The types of documents in which the document is prepared as of August 18, 2016 include the contents of the document of the subject in which the document is prepared as of the date set for drawing up the sequence 357,00,000 won at the face value C of Promissory Notes C of 300,000,000, December 23, 2016, the date of payment, the place of payment, the place of payment, and the place of issuance, respectively. < Amended by Presidential Decree No. 27510, Oct. 18, 2016; Presidential Decree No. 27779, Oct. 18, 2016; Presidential Decree No. 27575, Oct. 18, 2016; Presidential Decree No. 24270, Dec. 18, 2016; Presidential Decree No. 27651, Oct. 19, 2016>

D. The remittance details 1) C against the Defendant and C was indicated as the Defendant: ① to the account in the name of father E; ② to the account in the Plaintiff’s father’s name; ② to the 12,500,000 won per day on June 9, 2016; and ② to the 7,747,500 won on August 19, 2016 (However, to the extent that the remitter’s name was indicated as the Defendant.

(2) On December 21, 2016, the Plaintiff remitted each of KRW 15,00,000 to the Plaintiff, and KRW 15,000,00 each, on March 21, 2017. (2) The Defendant was the Plaintiff’s account, and ① on January 24, 2017, KRW 50,000.