beta
(영문) 대전고등법원(청주) 2015.11.17 2015나60

차용금반환

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”). The deceased died on December 9, 2014, and the Defendant M solely inherited the deceased) actually operated the Defendant C Co., Ltd. (hereinafter “Defendant”) established for the purpose of gathering earth, sand, and rock, etc., and on February 27, 2008, the deceased prepared a loan certificate with the following contents as to the Plaintiff: < Amended by Act No. 1211, Feb. 27, 2008>

(B) The loan on February 27, 2008 and the loan on March 4, 2008 200 million won, from the loan on February 27, 2008 to the name of the deceased and the seal of D, the representative director of the Defendant Company, shall be affixed to the name of the deceased.

2. On or before April 30, 2008, a mining permit shall be paid in addition to KRW 2.3 million in the balance of the borrowed amount.

3.Provided, That in the event that the permission is not made within the above time limit, the interest shall be repaid with a period of five months (not later than September 30, 2008) for the amount of five million won paid (not later than September 30, 2008) in the following time:

4. If the repayment cannot be made after the due date is due, the creation of a collateral security shall be made on the mine of this case.

The borrower: the Deceased

B. The Defendant Company received temporary use permission for the purpose of development of a mine from the petitioner-gun on the 30,743 square meters of N forest land in Chungcheongbuk-gun (hereinafter “instant land”). The period of permission was from August 20, 2008 to September 30, 2014.

(C) The period of permission extended on February 27, 2012 by September 30, 2014.

The Plaintiff, respectively, remitted the amount of KRW 30 million on February 27, 2008, KRW 40 million on March 4, 2008, and KRW 30 million on May 19, 2008, respectively, to the account in the name of I (the omission of the deceased).

Around that time, the Deceased borrowed 30 million won from the Plaintiff on February 27, 2008, and 40 million won on March 4, 2008, respectively. On May 19, 2008, the Deceased issued a receipt to the effect that “the borrowed amount is KRW 100 million.”

On October 20, 2008, the Plaintiff remitted KRW 100 million to the I’s account.

E. Co., Ltd.