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(영문) 인천지방법원 2015.07.24 2014나11550

대여금반환

Text

1. Revocation of the first instance judgment. A.

The plaintiff's claim against the defendant B is dismissed.

B. Defendant C is 10.0% for the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is the head of the Management Office of Suwon-si D Apartment Management Office, and Defendant B was the head of the Management Office of the above Management Office.

B. The Plaintiff became aware of the Defendants regarding the defect repair work of the aforementioned D apartment.

C. On March 8, 2013, the Plaintiff paid KRW 10,000,000 in cash to Defendant C, and received a cash custody certificate prepared by Defendant C from Defendant C. The said cash custody certificate contains the following contents.

The sum of the above amounts shall be KRW 10,000,000 per day of cash custody certificate (10,000,000) as personal funds for six months.

The name of a cash custodian on March 8, 2013: The name of the defendant B: The defendant C creditor: the fact that the plaintiff He/she did not dispute (based on recognition), Gap evidence 1, 2, Eul evidence 21, Eul evidence 21, Eul evidence 6, and the purport of the whole pleadings.

2. Determination as to the claim against the main defendant B

A. On March 8, 2013, the Plaintiff lent 10,000,000 won in cash to the Defendant C on behalf of the Plaintiff. Defendant B is obligated to pay the Plaintiff the loan amount of KRW 10,000,000 and the delay damages therefrom. (2) Defendant B did not borrow KRW 10,000,000 from the Plaintiff.

However, on March 8, 2013, when the Plaintiff paid the above KRW 10,000,000 to Defendant C, Defendant C paid KRW 10,000,000 in cash to Defendant B to the representative director of the E-Medical Care Center, and Defendant C was in custody by receiving KRW 10,00,000 from Defendant C. In the sense of confirming that Defendant C was in custody by receiving KRW 10,00,00,000, Defendant C’s seal was affixed to the cash custody certificate already prepared. At the time, the creditor’s column stated at the lower end of the said cash custody certificate was a blank, and there was no fact that the Plaintiff prepared the cash custody certificate to the Plaintiff.

B. The fact that the Plaintiff stated “A (Plaintiff)” as stated in the creditor column at the lower part of the evidence No. 1 at the first date for pleading of the trial of the party in question was stated by Defendant C.