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(영문) 서울고등법원 2016.10.20 2016나2014162

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (1) The plaintiff is the defendant's father and mother.

(2) On June 13, 2013, the Plaintiff transferred KRW 100,000,000 to the national bank account (Account Number): KRW 44,000,000,000 to June 14, 2013; and KRW 144,00,000,000,000 to the National Bank account in the Defendant’s name.

(hereinafter referred to as the above, the Plaintiff transferred KRW 144 million to the Defendant (hereinafter referred to as the “instant money”). / [Grounds for recognition] without dispute, the entries in Gap evidence 1, Eul evidence 3, and the purport of the whole pleadings.

2. Summary of parties' arguments;

A. The summary of the Plaintiff’s assertion was requested by the Defendant to lend the instant money to the Defendant upon receipt of a request from the Defendant to lend the money to the Plaintiff for 203 months since the Defendant’s investment in the business fund.

Therefore, the defendant is obligated to pay to the plaintiff KRW 144 million and delay damages for the repayment of the loan.

B. The gist of the Defendant’s assertion did not lend the instant money to the Defendant, but did not lend the instant money to the KCAC serving as the Defendant’s accounting staff at the Defendant’s request.

However, the LAC received the instant money by using the Defendant’s account in the name of the defendant because it is possible to attach the nominal deposit claim, and it could not normally use the nominal account.

3. (1) Determination is a matter of interpretation of the intent of a party involved in the contract.

The interpretation of declaration of intention clearly establishes the objective meaning that the parties have given to the act of indication.

When the parties make various indications, the objective meaning that the parties have given should be interpreted reasonably on the basis of various circumstances.

(2) According to Gap evidence Nos. 3, Eul evidence Nos. 2 and 12, Eul witness E's testimony, response results and the whole purport of the pleadings against the order to submit financial transaction information to South Seoul Agricultural Cooperative of the first instance court, the following facts may be acknowledged:

① Interest on the instant money is assessed against the Plaintiff.