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(영문) 서울고등법원 2016.10.14 2015나13654

대여금반환

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of each claim

A. The plaintiff's assertion 1) The plaintiff 20, 100,000 won on February 13, 2009; 20,000,000 won on March 23, 2009; 5,000,000 won on April 23, 2009; 30,000,000 won on April 30, 200; 30,00,000 won on April 30, 209; 40,000 won on loan; 40,000 won on loan; 40,000 won on loan; 0.0,00 won on loan to the plaintiff; 10,000 won on loan; 5,000 won on loan; 60,000 won on loan; and 60,000 won on loan by the defendant on September 15, 2009.

C. The remainder of each loan is not the defendant of the borrower, and the defendant is only a broker who mediates the plaintiff to lend money to the actual borrower.

B. According to the purport of Gap evidence No. 1-1, Gap evidence Nos. 3 and 6 as to the loan claim as of February 13, 2009 and the whole purport of the pleadings, the plaintiff transferred KRW 20,000,000 to the defendant's account as of February 13, 2009, and the defendant ② as above, the defendant transferred the amount of KRW 20,000 from the plaintiff.