beta
(영문) 서울서부지방법원 2017.10.17 2016나37987

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the plaintiff's right to represent as additional evidence submitted by this court to the plaintiff, which is insufficient to recognize the plaintiff's right to represent as the plaintiff's assertion, shall be rejected as to Gap 15-1, 3, 4, 17-1, 2, 17-1, 19-1, 19-2, and 2. The addition to "the addition" below below below 18, 4, 4, 15-1, 15-1, 15-1, 3, 4, 17-1, 19-1, and 18, 4, and

2. The Plaintiff asserts that “D borrowed money from the Plaintiff to produce winters produced by the Defendant Company.” However, even if so, there is no evidence to deem D to have indicated that D borrowed money on behalf of the Defendant Company on behalf of the Plaintiff. Rather, even according to the description “A” 10, D merely borrowed money from the Plaintiff on behalf of the Defendant Company, with the view that D was operating the Defendant Company and was able to repay, and does not seem to have borrowed money on behalf of the Plaintiff.

④ On August 29, 2014, the Plaintiff stated KRW 100 million, KRW 50 million on September 1, 2014, and KRW 50 million on November 5, 2014 as “D investment” in the remarks column of the passbook, while remitting each money to D. However, the Plaintiff appears to have lent money to D, and does not seem to have lent money to Defendant Company.

9) The mere fact that D paid KRW 3,00,00,000,00,000 received from the Plaintiff on September 1, 2014, to Defendant C, and paid KRW 5,00,00,00 received on November 5, 2014 to Defendant Company, it can be recognized that D used the money borrowed from the Plaintiff for Defendant C or Defendant Company, and it is insufficient to recognize that D borrowed each of the above money on behalf of the Plaintiff Company.

(10) D borrowed money from Defendant Company to the Plaintiff.