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(영문) 인천지방법원 2020.11.13 2019나5567

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. On July 12, 201, the Plaintiff deposited an account transfer of KRW 10,000,000 to the Defendant (hereinafter “instant money”).

(No dispute exists, No. 1). 2. Determination

A. 1) Determination as to the cause of claim 1) The fact that the instant money was transferred to the account was seen earlier, and the Defendant also recognized that the said money was not a money paid under any other name, such as donation or used cars purchase fund. Therefore, it is reasonable to deem that the instant money was a loan, barring special circumstances. 2) As to this, the Defendant asserted that the Defendant received and delivered the instant money from the Plaintiff, which was an employee company, to C, that the Plaintiff was the employee company at the time invested to C, and that the said money was not a loan.

According to the purport of the evidence Nos. 3 and 4 of this case and the entire arguments, following the Defendant’s account transfer to the Defendant, C was indicted and convicted of having been charged for the purpose of the fraud of loans and habitual gambling against a number of victims including the Defendant (Supreme Court Decision 2012Ra170 Decided July 11, 2012). While C appealed appealed, the said judgment was dismissed, and the said judgment became final and conclusive as it is. The above judgment contains 20 million won from the Defendant on July 12, 201 (the date on which the money of this case was transferred to the account) and 10 million won on July 14, 201, and 10 million won on July 15, 2015, and 100,000 won on the money of this case and 10 million won on the money of this case on July 15, 201, and 200 won on each of the criminal facts.

However, there is no dispute or there is no ground to believe that the money of this case is excluded from the money of 20,000,000 won from the money obtained on July 12, 201 among the above criminal facts, and in the case of the remaining money obtained through deceit among the above criminal facts, the money of this case is "D", "E", the same as the money of this case.