logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.10.26 2017나2076914
대여금 등
Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. The plaintiff is a mother of the defendant.

B. On February 1, 2016, the Defendant established E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) for the purpose of manufacturing and selling gold-type or gold-standard parts, and was appointed as its representative, and completed business registration on February 4, 2016, with the name of Asan City’s ground-based building C (hereinafter “instant building”).

C. On February 4, 2016, between the Plaintiff and the Nonparty Company, among the instant building newly built by the Plaintiff, sales contract (Evidence A No. 4) was prepared with the purport that KRW 1.5 billion is to be paid on the date of the contract, and KRW 300 million is to be paid on February 11, 2016, and KRW 1 billion is to be paid on September 30, 2016.

Around January 27, 2016, H, the Plaintiff’s seat, remitted KRW 300 million to the Defendant’s I Bank Account, and the Defendant, around February 15:27, 2016, remitted the said KRW 300 million to the Nonparty Company’s J Bank Account.

On February 4, 2016, the Defendant transferred the above KRW 300 million from the J bank account of the non-party company to the Plaintiff’s K Bank account.

On February 4, 2016, around 15:57, the Plaintiff transferred the above KRW 300 million to the Defendant’s I Bank Account.

On February 5, 2016, around 09:52, the Defendant remitted the above KRW 100 million out of the said KRW 300 million from his I Bank Account to H J Bank Account, and transferred the remaining KRW 200 million from his I Bank Account to the I Bank Account of the non-party company at around 12:21 on the same day.

Around 10:30 on February 11, 2016, the Defendant remitted the above KRW 200 million to the Plaintiff’s K bank account from Nonparty Company’s I Bank account, and the Plaintiff transferred the total amount of KRW 200 million to the Defendant’s I Bank account on February 11, 2016 and on February 15:42, 2016 and on two occasions, around 15:43.

On February 11, 2016, the Defendant remitted the above KRW 200 million from his I Bank Account to H’s J Bank Account.

E. On September 23, 2016, between the Plaintiff and the Nonparty Company, the Plaintiff purchased D, F, and G of the instant building, 1.5 billion won.

arrow