beta
(영문) 서울고등법원 2015.10.02 2015나16011

대여금

Text

1. The plaintiff's appeal and the second preliminary claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Scope of the ruling of the political party;

A. As to “1,00,000 won that the Plaintiff remitted to the Defendant on June 29, 201, and KRW 19,000,000 that the Plaintiff remitted to the Defendant on the same day, and KRW 2,00,000,000 that the Plaintiff wired to the Defendant, the Plaintiff filed a claim for loans and a preliminary claim for reimbursement.”

In addition, through the amendment of the purport of the claim and the cause of the claim made on August 22, 2014, the Plaintiff additionally claimed that “from April 1, 2010 to November 13, 2011, a total of KRW 371,505,000 to the Defendant was leased, and the remainder of the loan that was repaid out was KRW 286,290,790 to the Defendant,” and filed a claim for payment of KRW 180,000,000 as a loan claim and damages for delay.

(hereinafter referred to as “request for KRW 180 million”) b.

The court of first instance dismissed all the plaintiff's primary and conjunctive claims for KRW 20 million and claims for KRW 180 million. The plaintiff filed an appeal only for the primary and conjunctive claims for KRW 20 million, and the plaintiff filed an appeal for the first time in the trial, and the first time in the trial, and added the defendant's claim for the amount of joint and several liability as joint and several liability.

C. Ultimately, the scope of the trial for the first instance is limited to the above 20 million won primary claims and the conjunctive claims in the first instance trial (hereinafter “the first preliminary claims”) and the conjunctive claims added at the first instance trial (hereinafter “the second preliminary claims”).

2. The following facts may be found either in dispute between the parties or in full view of Gap evidence of 1 to 4, Gap evidence of 7, Eul evidence of 1 to 3, Eul evidence of 3, and evidence of D's testimony and arguments of the first instance court.

On June 29, 2011, the Plaintiff remitted KRW 1,000,000 to the Defendant’s account.

B. C transferred KRW 19,00,000 to the Defendant’s account on the same day upon the Plaintiff’s request.

C. On June 30, 201, the Defendant: (a) the Plaintiff and C received the transferred money from the Plaintiff on June 30, 201, together with KRW 20 million D;