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(영문) 서울고등법원 2016.03.25 2015나2052013

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 parties' assertion

A. The plaintiff's assertion that the plaintiff extended money to the defendant and received a partial repayment as stated below (Transaction Schedule). Thus, the defendant is obligated to pay 145,000,000 won to the plaintiff within the limit of 150,000 won in total of the remaining loans.

On November 14, 2012, 14, 30,000 loans extended on November 14, 2012, 30,000, 30,000 loans extended to C designated by the Defendant on November 23, 2012, 10, 200 No. 10,000 loans extended on June 7, 2013; 20,00,000,000 loans extended on June 7, 2013; 30,000,000 loans extended on June 7, 2013; 10,000,00,000 loans extended on July 7, 2013; 20,000,000 loans directly paid on loans extended on June 7, 2013; 30,000,000 loans issued on loans extended on June 7, 2013;

B. Defendant’s assertion 1) Of the above [Transaction List], KRW 100,000,000 as set forth in Nos. 4 of the [Attachment] is not the Plaintiff’s lending to Defendant, but rather the Plaintiff Company D (hereinafter “D”).

(2) On March 11, 2014, the Plaintiff and the Defendant drafted a written agreement that the Defendant does not have any obligation any longer after settling all the Defendant’s existing obligations against the Plaintiff. As such, there is no loan claim that the Plaintiff may claim against the Defendant.

2. Determination

A. 1) First, whether a loan claim exists or not, the Defendant alleged to be the Plaintiff’s investment in D (with respect to the loans set forth in Nos. 4 through 8, 13, 14, and 17 in the transaction statement, evidence No. 4 to 8, 13, 17.