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(영문) 서울고등법원 2015.07.23 2015나2002230

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Facts of recognition;

A. Around October 2007, the Plaintiff, a liquor wholesaler, lent KRW 300 million to B running an entertainment drinking house under the trade name of “D,” and collected ten copies of a promissory note and a promissory note with a face value of KRW 300 million in face value, which is jointly signed by B and the Defendant (which is a so-called face-to-face bill). 8 times each of which is KRW 30 million from B; 30 million from the Defendant; and 30 million from the Defendant, each of which is paid up to January 29, 2010; thereafter, the Plaintiff returned a promissory note with a face value of KRW 30 million in face value.

(B) The alcoholic beverage wholesaler will lend the opening costs in advance to the proprietor of the entertainment drinking house in return for the exclusive guarantee of the sales of alcoholic beverages after opening the business.

The Plaintiff remitted total of KRW 300 million (hereinafter “instant loan”) to the account in the name of the Defendant with respect to the opening of an entertainment drinking house business with the trade name “E” to the account in the name of the Defendant, and around August 21, 2008, the same month, and the 29th of the same month, and the issuer collected ten promissory notes with the face value of KRW 30 million in the face value of KRW 20 million in B (in the form of the so-called door-to-door bill, each of the numbers of KRW 1 to 10,000 in the face value of KRW 30,000 in the face value of KRW 30,000 in the face value of KRW 2. B, and around January 209, B operated entertainment drinking house E.

C. From April 2010 to the Defendant, the Plaintiff returned Chapter Six (No. 1 to six) of the Promissory Notes to the Defendant, and stated the “E” in the “E” column on the side side of each Promissory Notes.

(B) Of the Promissory Notes No. 1, 3, and 5, the term “land payment” or “land payment date” or “land payment date,” respectively, is indicated respectively as “ April 24, 2010, May 4, 2010,” and “ July 20, 2010,” and No. 4 as “6.14.,” without indicating a year, and it is indicated that the Promissory Notes received the entire amount of KRW 30 million from No. 1 to 6).

On the other hand, on August 16, 2012, the Plaintiff issued a deposit slip to “E” that received KRW 60 million as “long-term loan” after receiving six copies of cashier’s checks from the Defendant. Of the instant bill, the Plaintiff issued the deposit slip.