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(영문) 서울고등법원 2016.03.24 2015나22979

대여금

Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. From 1993 to 2 years, the Defendant leased and resided in Seocho-gu Seoul Metropolitan Government J apartment 18 Dong 202 (hereinafter “instant apartment”) owned by the Plaintiff from the Plaintiff.

The plaintiff and the defendant maintained Mannam from January 200 to May 2005.

B. On June 2, 2003, the Plaintiff, her mother, received and kept 11 copies of the cashier’s checks of KRW 10,000,000 ( check number K-E) that was withdrawn at the pressure-free branch of the Choungung Bank, the Plaintiff issued four copies of them to the Defendant.

On August 29, 2003, the defendant presented four copies of the above cashier's checks at the pressure point of Korea Exchange Bank, and deposited a total of KRW 40,000,000 into the account of Korea Exchange Bank under the name of the defendant.

C. On September 8, 2003, the Plaintiff received and kept 20,000 cashier’s checks of KRW 10,000,000 (one to half to half of the check number L, N-O), which was withdrawn from the active service point by Han-Tex Co., Ltd., the Plaintiff issued 20 copies of the above cashier’s checks to the Defendant on January 30, 2004.

On the same day, the defendant presented 20 million won of the above cashier's checks to the account of Korea Exchange Bank in the name of the defendant at the opening of Korea Exchange Bank.

On January 30, 2004, the Plaintiff received three copies of the check number G to H, and then re-issued three copies of the above cashier's checks to the Defendant.

On the same day, the defendant presented three copies of the above cashier's checks at the same pressure stop point of Han Bank, and deposited the total amount of KRW 30,000,000 into the account of Han Bank under the name of the defendant.

E. Meanwhile, the Plaintiff received, through the Defendant, a foreign exchange bank passbook, seal, and physical card in the name of the Defendant, through the Defendant, from around June 2003, the Plaintiff used the I bank account in the name of the I. However, the Defendant transferred KRW 30,000,000 on May 14, 2004, and KRW 20,000,000 on January 31, 2005 to the said I’s account managed by the Plaintiff.

recognized.