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Reasons
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(영문) 서울중앙지방법원 2014.12.17 2014나16547
대금반환
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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 parties' assertion

A. The plaintiff's assertion was made around July 2004 by introducing C, and the defendant opened a 19 unit number of 50,000 foot number of 19 and 20 unit number of 20,000 unit of 1 unit of 1 unit of 200,000,000 won and paid in full to the defendant's national bank account. The plaintiff received KRW 10,200,000 from the defendant on February 28, 2006, but did not receive KRW 11,20,000 for the remaining one unit of 1,20,000 won. Thus, the defendant is entitled to the payment of KRW 1,12 million.

B. Defendant’s assertion 1) Around July 2004, the Defendant’s wife D paid all the time limit of KRW 500,000 per month for a period of 18 months until December 2005, and was organized to receive the credit by setting the monthly sequences, and only used the Defendant’s bank account at the time D’s receipt of the time limit provided money. 2) C was admitted to the Plaintiff’s name and was not the Plaintiff’s member of the fraternity operated by D, and also received the credit.

3 The defendant paid to the plaintiff more money than the total amount of the total amount of the fraternity payments received from the plaintiff.

2. Facts recognized;

A. The Plaintiff deposited the Defendant’s national bank account into the Defendant’s national bank account on July 28, 2004;

8.27.

9. 30,100,000 won in total, each of 500,000 won on October 28, 2004; and 2.0,000 won in total, each of 500,000 won on October 28, 2004;

2.28.28.

3.28.28.

4.28.28.

5. 30.

6. On September 2, 2005, one million won was deposited in each of 30.30 million won, and three million won was deposited in each of 16.5 million won in total.

B. The Defendant’s bank account amounting to KRW 7.2 million on October 1, 2004, KRW 1 million on January 31, 2006, and the same year to the Plaintiff at the Defendant’s bank account.

2. 2. 1.8 million won, and the same month;

3. A total of KRW 200,000,000 and KRW 20,40,000 were remitted on the 28th of the same month.

C. Meanwhile, the Defendant’s claim against C with the Seoul Northern District Court Decision 2013Kadan3590, Jan. 10, 2004, for loans of KRW 30,000,000.

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