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(영문) 서울남부지방법원 2017.12.15 2016나5356

청구이의

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. The Defendant became aware of the Plaintiff around 2006 at the time when the Plaintiff was an employee of the lending company, and lent KRW 5 million to the Plaintiff by the number of days, which was repaid in full.

B. Around 2007, the Defendant, while operating a lending company independently, lent KRW 10 million to the Plaintiff and traded a total of KRW 12 million for 120,000 per day by paying KRW 120,000 per day.

C. Around December 24, 2007, when the Plaintiff requested the Plaintiff to lend money in the condition that the outstanding amount remains 2.6.8 million won, the Defendant loaned 7.32 million won to the Plaintiff again and traded 10 million won from that date. On the same day, the Plaintiff opened a national bank account in the Plaintiff’s name (hereinafter “the national bank account”) and issued a cash withdrawal card connected to the account, and the Plaintiff deposited 1.20 million won each day to the Defendant by issuing the cash withdrawal card (hereinafter “the national bank card”) issued to the Defendant, and the Plaintiff deposited 1.2 million won each day with that account, the Defendant paid the Defendant to the Defendant by withdrawing and receiving the cash amount with the national bank card.

After that, on February 2, 2008, the Defendant promised to lend the Plaintiff’s wife as a guarantor upon the Plaintiff’s request for a further loan of money, and agreed to lend the Plaintiff’s wife to the Plaintiff, and then, made a promissory note form with the amount of loan KRW 10,100,000,000, which is the amount of the Plaintiff’s repayment up to February 2, 2008. On February 4, 2008, the Defendant issued the Plaintiff’s certificate of personal seal impression and issuer column of the Plaintiff’s wife C with the Plaintiff’s wife’s personal seal impression and issuer column with the Plaintiff’s wife’s personal seal impression affixed to the Plaintiff and the Plaintiff’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s KRW 120,000,000 in total and

E. The defendant, even after February 4, 2008, deposited the days to the national bank account of this case into the national bank account of this case, the number of days by the national bank card.