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(영문) 서울고등법원 2014.11.06 2014나10429

대여금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the instant case pertains to the Plaintiff’s assertion that the Plaintiff lent KRW 300 million to the Defendant, and sought the return of KRW 300 million loan to the Defendant and the payment of damages for delay.

The judgment of the first instance was accepted by the plaintiff, and the defendant appealed against this and filed an appeal.

B. On September 16, 2011, the Defendant, at the time, prepared a cash custody certificate to keep KRW 300 million in cash in the presence of C in a de facto marital relationship with the Defendant at the time, with the Plaintiff on September 16, 201.

2. The key issue of this case and whether the Plaintiff lent KRW 300 million to the Defendant (the Plaintiff’s assertion) (the Plaintiff asserts that, during the transfer of the loan claim of KRW 400 million to E, which is the secured debt of the right to collateral security (hereinafter “F”), which is the secured debt of the right to collateral security (hereinafter “right to collateral security”) between E, the Plaintiff transferred the loan claim of KRW 530 million to E between E, and received KRW 300 million from E with the transfer proceeds, and the Defendant lent KRW 300 million among them, and that, during the transfer, the Plaintiff paid KRW 260 million to the Defendant as a check, and the remainder KRW 40 million was given to C in cash.

[Dissentings by the Defendant] The Defendant asserted that C borrowed KRW 300 million from the Plaintiff, and that, in the sense that the Defendant confirmed this, only prepared a cash storage certificate to the Plaintiff, and that the Defendant did not actually borrow funds from the Plaintiff, and that the Defendant or C did not receive KRW 300 million from the Plaintiff.

3. The judgment of this Court

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in evidence (A1, A3-1, A3-2, and witness C).

(1) In order to secure F’s loan of KRW 400 million to F on May 30, 2008, the Plaintiff (F) as to the land for the religion of the wife population G and H, and the G reinforced concrete structure (refinite concrete roof) and the three-story cultural and assembly facilities of the G reinforced concrete structure (refinite concrete roof) with the maximum debt amount of KRW 530 million.