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(영문) 서울고등법원 2017.06.01 2016나2074669

대여금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the money ordered to be paid below is dismissed.

Reasons

1. Basic facts (1) The Plaintiff is a person in a legal marital relationship with E, and the inside directorF of the Defendant’s representative is a person in a de facto marital relationship with E.

E is the actual operator of the defendant.

(2) As the Plaintiff and E’s father, C was appointed as the Defendant’s representative director on December 11, 2009 and retired on March 16, 2012. On May 31, 2012, C was appointed as the Defendant’s representative director and resigned on July 12, 2012 (C was retired from the Defendant’s representative director on March 16, 2012, and on May 31, 2012, he/she was dismissed on March 31, 2014.

(A) On April 23, 2013, there was a decision to suspend the performance of duties against C, and the above application for provisional disposition was cancelled on March 18, 2014). F was appointed as the defendant representative director on September 22, 2014, and retired on March 3, 2015, and currently is the in-house director who is the defendant representative.

(3) The Plaintiff wired the Defendant’s name account of KRW 40 million on November 15, 2010, KRW 10 million on November 24, 2010, and KRW 50 million on November 24, 2010.

(4) On December 10, 2010, the Plaintiff deposited KRW 166,80,000 out of the loans to the Defendant’s account under the name of the Defendant on December 14, 2010, when the other party to the loan was dissatisfied with the facts that the nature of the said money is the Plaintiff’s loan (hereinafter “instant loan”). (4) C obtained a loan of KRW 231,000,000 from the Maak Agricultural Cooperative (hereinafter “instant loan”) and deposited KRW 166,80,000 among the loans.

(5) On December 10, 2010, the Plaintiff completed on December 10, 2010, the registration of the establishment of a mortgage on D apartment, D apartment, 1001 in Gangnam-gu Seoul Metropolitan Government, the maximum debt amount of KRW 277,200,000, and C, the debtor C.

(6) On May 30, 2012, the Plaintiff: (a) partially KRW 182,575,364 out of the instant loans ( principal, interest, and expenses); and (b) on May 30, 2013, the remainder of the instant loans KRW 50,179,547 (principal, interest, and expenses) out of the instant loans.