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(영문) 부산고등법원(창원) 2015.12.10 2015나21045

대여금

Text

1. The plaintiffs' appeal against the defendant and the defendant's appeal against the plaintiff A are all dismissed.

2. The appeal costs.

Reasons

1. The reasoning for the court’s explanation on this part of the instant defense is as follows: (a) the reasoning for the judgment of the court of first instance is the same as that of the Defendant’s judgment on the instant defense; and (b) the reasoning for the court’s explanation on this part is cited by the main text of Article 4

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion 1) From April 6, 2004 to February 6, 2008, Plaintiff A lent the above money to the Defendant by means of remitting a total of KRW 349,50,000 on 14 occasions, such as the following table 1 (hereinafter “instant table 1”).

The payment method of 10,50,000 Defendant 1’s cash account under the name of Defendant No. 30,500,000 on April 6, 2004, in the name of Defendant No. 10,000 on April 8, 2004, the No. 310,000 on April 10, 204 in the name of Defendant No. 10,000 on April 8, 2004, the No. 410,000 on April 10, 200 in the name of Defendant No. 10,000 on April 8, 2004 in the name of Defendant No. 50,000 in the name of Defendant No. 50,000 on June 30, 2004 (E).

On July 5, 2004, 60,000, 100, 70,000, 600, 600, 200, 70,000, 700, 700, 200, 80,000, 80, 200, 100, 10, 10, 10, 200, 200, 10, 10, 10, 10, 200, 10, 10, 207, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 10, 200, 30, 206, 200.

The plaintiff A alleged on February 6, 2008 that the Agricultural Cooperative Account in the name of the above company for Il Il Development Co., Ltd. was 10,000,000,000, as of February 26, 2008. However, on February 26, 2008, it appears to be a clerical error in February 6, 2008. Thus, it is judged that the plaintiff asserted February 6, 2008.

The plaintiff 10,00,000 total account in the name of the defendant was 349,50,000.