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(영문) 서울동부지방법원 2017.08.18 2016나5759

대여금 등

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 7,00,000 and the full payment with respect thereto from February 23, 2016.

Reasons

Basic Facts

The fact that the Plaintiff transferred to the Defendant, which had internal relations, the sum of KRW 7,000,000,000 on December 23, 2013 and KRW 7,000,000 on March 17, 2014 (hereinafter “the instant money”), does not conflict between the parties.

The key issue is that the Plaintiff asserts that the instant money is a loan.

The defendant's arguments are as follows.

The defendant was in resistant relations with the plaintiff.

At least 8,00,000 won based on the daily value for the plaintiff who had been receiving aviation cancer treatment, including at least 4,20,000 won as the school expenses for the plaintiff's ancillary school, and at least 1,60,000 won for dental treatment, and 80,000,000 won for the plaintiff.

The instant money is not a loan, but a repayment made by the Plaintiff or made in favor of him.

Facts of recognition

At the time of the receipt of the instant money, the Defendant was the representative of Songpa-gu Seoul Metropolitan Building and the chairman of the council of occupants' representatives, and the occupants of apartment houses and the dismissal of the representative and the president.

The Defendant received the instant money from the Plaintiff under the pretext of using it for the costs of lawsuit.

The defendant borrowed the money of this case from the plaintiff to the non-party D, who was a party, to use the money for the costs of lawsuit, and there is no statement to the purport that it is to accept the money in the account.

From January 23, 2015, the Plaintiff demanded the Defendant to pay the instant money by phone to the Defendant, and the Defendant rejected the repayment on the ground that there was a lot of money paid by the Plaintiff for the Plaintiff.

The Defendant’s amount of money used by the Defendant for the Plaintiff was the Plaintiff’s medical expenses, KRW 66,280 at the E Hospital on February 26, 2013, and KRW 1,000,000 in total at the F dental clinic on October 14, 2013 and February 6, 2014.

From April 2014 to September 201 of the same year, the Defendant approved the sum of KRW 2,100,000 by credit card, and paid KRW 350,000 in cash on March 2014.

[Ground of recognition] dispute.