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(영문) 서울고등법원 2016.02.05 2015나4438

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

1..

Reasons

1. Basic facts

A. On November 2006, the Defendant was serving in prison by a final and conclusive judgment, and the Defendant brought a complaint against F against F for perjury (which appears to have been filed by F in relation to testimony during the criminal trial) was a non-suspected case. Rather, the Defendant was aware of such accusation by an investigative agency on suspicion.

B. On November 2006, C, who had aided the Defendant as of the time of the Defendant’s Robane, asked G (one person: E) to borrow KRW 60 million from the Plaintiff as a lawyer’s fee for the Defendant in relation to the above-mentioned accusation case and theless recognition case, etc., with respect to the Defendant’s above-mentioned accusation case and the above-mentioned recognition case, and discussed to the effect that “A would pay KRW 60 million as interest during the six-month period.”

C. Upon acceptance of the above C’s request, the Plaintiff paid KRW 60 million to C on December 1, 2006. On the same day, C prepared and delivered a loan certificate (No. 6) to the Plaintiff stating that “C shall borrow KRW 120 million from the Plaintiff and repay the above amount by May 30, 2007.”

On the other hand, C borrowed the above money from the Plaintiff on December 5, 2016, and sought a defendant who was in convicted around December 5, 2016 and borrowed KRW 60 million from the Plaintiff as the attorney’s fee for the defendant, etc., and decided to return KRW 120 million until May 30, 2007.

E. Accordingly, on December 7, 2006, the Defendant: “D Co., Ltd. with the representative director of the Defendant (hereinafter “D”) shall borrow KRW 120 million from the Plaintiff and repay the above loan by May 30, 2007, which is due date; and the Defendant shall jointly and severally guarantee the above loan obligation; hereinafter “the loan certificate of this case”).

B. The C prepared and delivered the instant loan certificate to the Plaintiff around that time.

F. On the other hand, C.