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(영문) 서울중앙지방법원 2016.04.27 2015나23412

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. Basic facts

A. The Defendant (50%) operated G heading house (hereinafter “instant heading house”) located in C (30%), D (10%), E (10%) and 901 of the Seoul Special Metropolitan City, Seocheon-si F building 901 (hereinafter “instant heading”).

B. H paid a total of KRW 250 million to the Defendant, etc. from around April 25, 2011 to May 29, 2011, which was mostly used as the opening cost, including the interior cost of the instant house.

In addition, the Plaintiff, who was in a de facto marital relationship with H, was the business owner of the instant head of the instant head office, and was in charge of the management of the instant head office’s field of construction and the fund management after the commencement of the business, and was delegated with the authority to trade and dispose of the instant head office on March 29, 2012.

C. On September 26, 2011, H transferred the sum of KRW 12 million to C’s account and KRW 18 million to D’s account at C’s request.

In addition, on September 26, 2011, the defendant recognized that the above amount should be borrowed from the plaintiff (resident registration number and address omitted) with the funds for operation of G on September 26, 2011, and decided to repay from the funds for operation of G 30 million won (Won 30,000,000) as of February 26, 201, and the monthly interest shall be disbursed from the funds for operation of G 26th (Won 60,000) as of February 26, 2012 (in principle, only 20% of the shares in the defendant G), the borrower shall be extended to three months at the time of non-payment after the end of six months, and the defendant (resident registration number and address omitted): 30,000 won (Won 30,000,000,000 account number), deposit account account number and deposit account account amount: 2010,000,0000 No. 971.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, Eul evidence Nos. 1, 5, 6, Eul evidence No. 3-1 through 8, Eul evidence No. 4-1 and 2, and the purport of the whole pleadings.