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(영문) 서울고등법원 2015.08.20 2015나4803

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Facts of recognition

The Plaintiff: (a) opened three accounts for Defendant B’s succession; (b) up to October 6, 2012, up to 13 times each month, KRW 52,00,000,000; and (c) up to 16,00,000 each month until October 16, 2012; (b) up to 19 times each month; and (c) up to 4,000,000 won each month until October 26, 2012; and (d) up to 20,00,000,000 won each month; (c) did not receive the fraternity from Defendant B; (d) concluded a loan agreement with Defendant B, around December 16, 2012; and (e) concluded the loan agreement with Defendant B as a quasi-loan amount of KRW 148,00,000,000 per month; and (e) concluded the loan amount of KRW 6,000,000.

(B) Around June 18, 2012, the Plaintiff loaned Defendant B a total of KRW 196,000,000,000,000 to Defendant B for three times (150,000,000, ② KRW 16,000,000, and ③ KRW 30,000,000,00 in total.

(B) Around October 25, 2012, Defendant B agreed to pay KRW 117,800,000 in total by means of monthly payment of KRW 3,100,000 in other accounts in lieu of the Plaintiff on behalf of the Plaintiff, when Defendant B joined two accounts in the number of accounts, which is the owner of the Plaintiff, but did not receive KRW 122,50,000 from Defendant B.

However, Defendant B paid 18,600,000 won over six occasions, but did not pay the remainder of KRW 9,200,000 (=17,800,000 - KRW 18,600,00)

(C) Around December 2011, the Plaintiff agreed to pay the principal and interest of KRW 30,000,000 to Defendant B, but was not repaid from Defendant B. As such, Defendant B and the Plaintiff agreed to pay the principal and interest of KRW 2,760,000,00 in total, from December 30, 2012 to 14 times, by means of monthly payment from December 30, 2012.

However, Defendant B 6 times.