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(영문) 서울중앙지방법원 2016.05.26 2015나41885

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain by the court of first instance are as follows, except the second to the third to the tenth to the fifth to the above fifth to the court of first instance, and therefore, it is identical to the reasons why the first to the court of first instance is to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. According to the statement Nos. 1, 2, and 7 (including paper numbers), and the fact-finding results and the whole purport of oral argument with the director of the Hongcheon District Tax Office at the trial court, the defendant who was the representative director of the FF corporation lent money to B from 1986 to 191 while engaging in business transactions with G, which is a trader of F corporation, with G, with the name of "H" from July 1, 1990 to December 31, 1990. According to the above facts-finding, it is difficult to conclude that the defendant used the above part of the loans to be used for business transactions with B for six months after the loan period as a merchant, and that the defendant used the above part of the loans to be used for business transactions with B, with the name of "H". According to the above facts-finding facts, it is difficult to conclude that the defendant used the above part of the loans to be used for business activities with the representative director at the time of 6 months prior to the loan period of 10 years prior to the loan.