대여금반환
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 10,000,000 and KRW 7,00,000 among them.
1. Facts of recognition;
A. The plaintiff operates the Seoul Guarantee Insurance C Agency. The defendant is a certified judicial scrivener who operates the D Judicial Scriveners Office (hereinafter referred to as the "Defendant Office"), and the plaintiff and the defendant office have business relations.
B. Upon receipt of the Plaintiff’s request from E, an employee of the Defendant’s office, to lend KRW 10 million due to lack of money in relation to the registration affairs, the Plaintiff wired KRW 10 million from the Plaintiff’s account under the name of the Defendant (hereinafter “instant account”) to the Defendant’s account (hereinafter “instant loan”) around September 20, 2012.
Acquisition tax on September 20, 2012: 14:15,00,00 DJ 14:20,000 790 e-government on September 20, 2012: 15:39,774, 100 G 15:35,620 Ha 15:49,645,760 Ha 16:588 1,000 17:06 200,000 19:0 091,421,757 Ba22:57 Ba22:50,000 JJ on September 21, 2012 : 102:81,74,774, K 108:30,008 Y 205,008 Y205,008 Y 2005,208 Y2008
C. The details of withdrawals from the account of this case thereafter (hereinafter “the details of withdrawals of this case”) are as follows. D.
1) From October 1, 2012, E did not contact with the Defendant, and the Plaintiff’s wife F filed a lawsuit against the Defendant for the return of the loan, but the said court rendered a ruling dismissing F’s claim on April 10, 2014, which became final and conclusive around that time. On the other hand, the Plaintiff filed the instant lawsuit against the Defendant on April 15, 2014. (2) Meanwhile, the Defendant filed a lawsuit against F and the Plaintiff for the return of the loan, and the Defendant filed a complaint against F and the Plaintiff for the attempted fraud, and the Defendant filed a complaint against F and the Plaintiff for the attempted fraud against F and the Plaintiff on April 25, 2014 at the Sungnam branch office of the Suwon District Prosecutors’ Office (Seoul District Prosecutors’ Office) rendered a disposition against F and the Plaintiff on April 25, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7 (including branch numbers, if any) and the purport of the whole pleadings
2. The assertion; and