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(영문) 서울고등법원 2015.05.14 2014나2035851

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 reasoning of the judgment of the court of first instance cited in the part of the judgment of the court of first instance concerning "B-2 of the judgment of the court of first instance" in Paragraph (3) of Article 420 of the Civil Procedure Act, except where the part concerning "a lender of the amount of this case under the agreement of this case" is used as follows, and therefore, it is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act. 【B] The part concerning the payment of this case under the agreement of this case can be deemed to have directly lent the amount to the defendant, or whether the plaintiff lent it to the defendant from F.

B) As seen earlier, the agreement of this case was reached between the Plaintiff, the Defendant, and F to raise KRW 50,00,000,000 among KRW 1.3 billion borrowed by the Defendant, and accordingly, the Plaintiff, the Defendant, and F prepared the instant investment agreement under the name of G in a relative relationship with F, and thereafter, F created the instant money. Furthermore, according to the purport of the statement Nos. 4, 5, 7 through 9, 11, and 12 as well as the testimony and arguments of the Defendant and F, the Plaintiff paid KRW 647,37,000 to the Defendant on January 17, 2013 under the agreement of this case, and the Defendant demanded KRW 30,000,000,000,000,000,000,000 won, including KRW 100,000,000,0000,000 from the Defendant’s account under the name of 200,0005,2000.

In the name of the Plaintiff, the right to collateral security, which constitutes a maximum debt amount of 650,000,000, is established. (4) The Plaintiff raised against the Plaintiff by F.