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(영문) 서울고등법원 2017.03.31 2015나2050338

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. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following 2.3 to the second part of the judgment of the court of first instance, which is the same as stated in the reasoning of the judgment of the court of first instance. Thus, this shall be cited as it is in accordance with the main sentence of

2. The Defendant asserts that the Plaintiff did not receive KRW 100 million from the Plaintiff on March 5, 2014, ② KRW 300 million on November 14, 2005, ③ KRW 50 million on November 30, 2005, ④ KRW 300 million on June 16, 2006.

According to the reasoning of the judgment below, Gap evidence 30-1, Gap evidence 14-16, Eul evidence 33-1, Eul evidence 2-1, 33-1-4, response to the order to submit financial transaction information issued on November 29, 2016 to Han Bank Co., Ltd. (No. 3), and response to the order to submit financial transaction information issued on December 12, 2016 to Han Bank (No. 8, No. 11, No. 4), according to the results of response (No. 1, No. 11, No. 4), the plaintiff's account stated "1. 5 billion won on March 5, 2004; 2.30 million won on November 14, 2005; 30.5 billion won on November 30, 2005; 4.5 billion won on June 16, 2006; 300 billion won on May 13, 2006).

On June 1, 2015, the above facts are added to the Gap evidence 21, Gap evidence 22, Eul evidence 32-2, the response to the order to submit the tax information by the court of first instance as of June 1, 2015 (in the case of face-1, the standard balance sheet of 2013 submitted by the defendant while filing a tax return on the heavy tax obligation) and the whole purport of pleadings, the defendant received from the plaintiff respectively as an advance payment of KRW 10 million on March 5, 2004, ② KRW 30 million on November 14, 2005, ③ KRW 50 million on November 30, 2005, ④ June 16, 2006.