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(영문) 서울고등법원 2015.04.23 2014나44170

대여금

Text

1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

Defendant C.

Reasons

1. Basic facts

A. On August 2009, Defendant B gave Defendant C a contract for construction work for multi-household housing (hereinafter “instant loan”) on the ground of Namyang-si, Namyang-si (hereinafter “instant loan”) at KRW 1,022,50,000 for construction cost.

B. On October 2009, the Plaintiff received a request from Defendant C to lend funds for the instant construction, and paid KRW 176,00,000 in total to Defendant B’s Agricultural Cooperative account (Account Number: F; hereinafter “instant account”) as listed in the table 1 through 10, by transferring KRW 176,00,000 in total to Defendant B’s Agricultural Cooperative account as listed in the table 1 through 14 below, and paying KRW 11,20,00 in total to G, H, I, and J, which received a subcontract for part of the instant construction, as listed in the table 11 to 14 below.

on October 12, 2009 - Defendant B-18,00,000 on November 2, 2009 - 30,000,30 on November 13, 2009 - 40,000 on April 20, 200 - - 10,000,00 on November 26, 200 - - 10,000 on May 26, 2009 - - 5,000,00 on November 26, 200 - 30,00,000 on June 4, 200 on December 4, 200 (6, 100,000 on December 4, 200 - 15,000,000 on October 31, 2008;

C. Around 2010, Defendant C: (a) drafted a contract with the Plaintiff that “The Plaintiff borrowed the money deposited in the Defendant B’s account; (b) KRW 150,000,000, out of the surplus of the instant construction, shall be given to the Plaintiff as the surplus for the Plaintiff’s investment; and (c) the Defendant B remitted KRW 40,000,000 to the Plaintiff on July 5, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 8, Eul evidence No. 1, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), Eul witness I's partial testimony, and the purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. Determination as to a loan claim 1.