대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Basic facts
A. The Plaintiff is the president of the “F Housing Association” established for the new construction of the apartment in Gwangjin-gu Seoul Special Metropolitan City, and the Defendant is the president of the “G Housing Association”.
B. On December 201, the Plaintiff received KRW 150 million from C, and paid KRW 45 million among which the Plaintiff paid KRW 150 million (one million cashier’s checks and KRW 5 million in cash) to the Defendant.
However, the Defendant asserted that only 25 million won was received from the Plaintiff and brought a dispute between the Plaintiff, the Defendant, and C with the amount of money received by the Defendant.
C. On January 2015, the Plaintiff, the Defendant, and H (C) filed a lawsuit claiming the return of loan against the Defendant in order to clarify the truth as to whether the Plaintiff paid the Defendant the amount of KRW 45 million, which the Plaintiff asserted to the Defendant. In the process of the said lawsuit, the Plaintiff’s claim for the return of loan can be confirmed if the back of the check is confirmed upon a request for fact inquiry by the court in the process of the said lawsuit. In order to reveal who’s assertion is true, the Plaintiff and the final user of the check shall confirm that the check follows the method of the instant lawsuit. In order to reveal who’s assertion, the Plaintiff and the final user of the check shall use the method of the lawsuit; the person revealed as the one who was the final user of the check; shall be able to recover the claim; shall be able to incur damages equivalent to interest by preventing the collection of the claim; and shall be paid to H in addition to the amount of KRW 10 million,000,000, which is revealed in the
The Plaintiff filed the instant lawsuit in accordance with the above letter of commitment, and applied for an order to submit financial transaction information on four copies of the cashier’s checks paid by the Plaintiff to the Defendant.
As a result, it was confirmed that all the check money was deposited into the defendant's account.
[Reasons for Recognition] A, Evidence Nos. 1, 2, Evidence No. 4, Evidence No. 9, 10, Evidence No. 11, Evidence No. 11 of the court of first instance, IBK Bank and New Bank Co., Ltd.