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(영문) 서울남부지방법원 2016.06.10 2015나58247

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

Facts of recognition

In addition, the court's reasoning for this part of the judgment on the cause of the claim is the same as that of "1. Recognition" and "2. Judgment on the cause of the claim" in the reasoning of the judgment of the court of first instance, and therefore, they are cited by the main text of Article 420 of the Civil Procedure Act

(1) As indicated in the reasoning of the judgment of the court of first instance, the Defendant is “Defendant Company” and the attached Form of the judgment of the court of first instance [Attachment sheet]. The Defendant’s assertion on the Defendant’s defense is 10,000,000 won (number 20,000) that was transferred to non-affiliated I with the Defendant Company on February 12, 2014, 50,000 won (number 33,000) that was transferred to CAuditK separately established by the Plaintiff on April 7, 2014, and 795,600 won that the Plaintiff received as personal expenses on April 15, 2014 (number 37), and the Plaintiff is obligated to use the money in personal form and return the money to the Plaintiff as loans, etc. 2,40,000 won that the Plaintiff received on April 30, 2014.

Therefore, each of the above unjust enrichment refund claims or loan claims is offset against the loan claims of this case.

In addition, the Defendant repaid KRW 4,200,000 on the instant loan claims (Detailed Nos. 30) on April 1, 2014, and KRW 2,000,000 on April 3, 2014 (Detailed Table No. 32), totaling KRW 4,200,000.

Judgment

The above 10,000,000 won was remitted from the Defendant Company’s account to the Plaintiff’s account, and again was transferred to the Plaintiff’s account. The fact that the Defendant Company’s representative director was approved as “the provisional payment amount (I loan),” the above 500,000 won, 24,000,000 won, and 795,60 won was withdrawn in cash or transferred to the Plaintiff, and the fact that the representative director was adjusted as the pretext of the payment or the settlement of the Plaintiff’s personal expenses, etc. is disputed between the parties.