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(영문) 서울고등법원 2015.08.19 2014나2028082

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 96,561,343 and KRW 54,442,280 among them.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that between December 30, 2002 and March 9, 2007, the Plaintiff leased KRW 390,310,000 in total to the Defendant 17 times on a 2-month basis or 1.5-month basis, and on a 3-month or six-month basis from the date of repayment. The Plaintiff paid KRW 434,405,00 in total between January 29, 2003 and November 8, 2012, and the Defendant is obliged to pay the Plaintiff the interest and delay damages on the leased principal of KRW 158,760,075 in total, and the leased principal of KRW 89,341,752 in total, and the interest and delay damages.

(b) Determination 1) Dogs Nos. 1 through 5, 9 through 13 (including a separate number, unless otherwise indicated; hereinafter the same shall apply);

(1) In full view of each entry, witness C and D of the first instance trial, and the purport of the entire pleadings after the examination of the plaintiff in the first instance.

1. As indicated in the “loan Amount” column, the fact that the Plaintiff, as between December 30, 202 and March 9, 2007, transferred from the account in the name of the Plaintiff or the Plaintiff’s H and F, to the account in the name of the Defendant’s husband E, the Defendant, and C, on 16 occasions during the period from 16 months to 2 months after the date of repayment, shall be determined on 370,310,000 won in total to each Defendant.

2) The plaintiff asserted that on September 1, 2003, the defendant lent KRW 20 million to the defendant on September 1, 2003. Thus, according to the statement in the plaintiff's evidence Nos. 3-1 and 9, the defendant received KRW 20 million from the plaintiff on September 1, 2003 and remitted KRW 17.5 million among them to I, but in full view of the entries in the evidence Nos. 9 and 15 and the purport of the whole arguments in the testimony of the witness I at the trial, I requested the plaintiff with a usual friendship to borrow KRW 20 million from the plaintiff and the defendant on September 1, 2003, and I borrowed KRW 20 million from the plaintiff on September 2, 200 through the defendant on September 1, 200 (However, the defendant above KRW 20 million from the plaintiff on September 1, 200 to the defendant I.