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(영문) 수원지방법원 2019.09.04 2018나7914

편취금

Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. Basic facts

A. On July 8, 201, 201, the Plaintiff: (a) 8,000,000 won for the account under the name of D, which is a father of the Defendants; (b) 10,000,000 won for the account under the name of D on the 29th of the same month; and (c) E (the Plaintiff and E completed the report of divorce on February 24, 2006) that was the husband of the Plaintiff.

8. 11.1. Each of the above amounts of KRW 12,000,000 (hereinafter referred to as “the instant money”) was remitted to the account in the name of D.

B. On January 6, 2012, Defendant B prepared a cash custody certificate (hereinafter “the cash custody certificate of this case”) with the following content as the recipient and delivered it to the Plaintiff.

Cash Storage Certificate (30,000,000): The address of 30 million won (30,000,000): the Government of the Council, the Party B, as above, promises to reply to the repayment plan until January 30, 2012, of 30 million won borrowed from A and E.

On January 6, 2012, 2012. B, 1, 4-1 through 5, 9, 12-1, 2-1 through 3 of evidence 2, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion and E lent the instant money to the Defendants, and the Defendants agreed to repay it to the Plaintiff and E by January 30, 2012, and prepared and delivered the cash custody certificate to the Plaintiff. Of the instant money, E transferred KRW 12,00,000 to the Plaintiff among the instant money, the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 30,000,000 and damages for delay.

나. 피고들의 주장 요지 (1) 이 사건 금원은 원고의 전남편 E이 피고 C이 필리핀에서 하는 코코넛숯가공사업에 시설투자를 하기 위하여 투자금 명목으로 지급된 것일 뿐 대여금 명목으로 상환을 약정하고 지급된 것이 아니다.

(2) In addition, the cash custody certificate of this case was prepared by Defendant B against his will by coercion of the Plaintiff, and the Defendant C did not have signed it. Thus, the Defendants were based on the said cash custody certificate.