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(영문) 서울고등법원 2017.05.12 2015나2012404
대여금 및 사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Under the underlying facts, each of the following facts is acknowledged either in dispute between the parties or in full view of the overall purport of the pleadings as set out in Gap evidence Nos. 13 to 18, 20, 21, and Eul evidence No. 34, including each of the numbers.

[1] Around 2005, the Plaintiff (the name prior to the opening of the name is referred to as “P”) managed the Plaintiff’s real estate, and operated approximately KRW 880,000,000 by lending the Plaintiff’s Bank Mump passbook, etc. to the Defendant who had engaged in the construction and sale of the building.

On September 28, 2009, the Plaintiff offered real estate owned by the JJ as security and used KRW 813,449,341 for the repayment of loans, etc. from the Namwon Agricultural Cooperatives. On October 21, 2009, the Plaintiff transferred KRW 540,000,000 to the Defendant using the said account of his own Party A on the same day, and lent KRW 150,000,000 to the Defendant using the said account of his own Party A on October 19, 2009, and lent KRW 46,550,000 from his own account on October 21, 2009.

From October 2009 to April 2012, the Defendant has paid an amount equivalent to KRW 8,500,000 interest for KRW 1,550,000 to the account of the Plaintiff in the way of remitting the amount of KRW 8,50,000 from around 26th of each month.

[2] On August 3, 2011, the Defendant: (a) prepared a document stating “The total amount of KRW 690,000 (69,000,000)”; (b) interest, other expenses ( Q and Dong items) shall be deducted at the time of settlement of accounts; and (c) issued it to the Plaintiff.”

Title B was written on March 26, 2012, with the name and resident registration number of the Defendant affixed and the seal of the Defendant, the document stating, “I will promise I will pay the principal KRW KRW 00,000 on April 30, 2012.” (hereinafter “instant payment certificate”). The instant payment certificate was written on March 26, 2012. The Defendant’s name and resident registration number was printed and the Defendant’s seal was affixed.

[3] The Plaintiff’s KRW 50,000,000 from D through the Defendant respectively, and KRW 220,00,000 on May 23, 2012, respectively.

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