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(영문) 서울고등법원 2018.06.14 2018나2013569
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Facts of recognition;

A. On April 17, 2007, the Plaintiff transferred KRW 100 million to the new bank account (Account Number: G) with the Defendant’s name.

B. The Defendant’s mother C prepared a loan certificate (No. 2) stating that he borrowed money from the Plaintiff and delivered it to the Plaintiff on August 13, 2007.

C. The Plaintiff’s above A.

After remitting KRW 100,000,000, around May 2, 2007; ② around May 18, 2007, KRW 1,000,000; ③ around June 2, 2007, KRW 2,000,000; ④ around June 2, 2007, ④ around June 26, 2007, KRW 1,000,000; ⑤ around July 6, 2007, KRW 2,000,000; and ② around August 3, 2007, KRW 11,100,30,30 were deposited in the name of the Defendant.

【Fact-finding without a dispute over the ground for recognition】 Each entry in Gap evidence 1, 2, and 6 (including all branch numbers for which branch numbers exist; hereinafter the same shall apply), and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On April 17, 2007, the primary claim Plaintiff lent KRW 100 million to the Defendant by means of remitting KRW 100 million to the bank account under the Defendant’s name. Around that time, the Defendant’s mother C, who connected the Plaintiff with telephone, obtained confirmation of KRW 100 million loan from the Defendant by wire, and C also expressed his intention to jointly and severally pay the above KRW 100 million to the Defendant. As such, the Defendant is jointly and severally liable to pay the Plaintiff a loan of KRW 100 million and its interest or delay damages.

B. Although the conjunctive claim C does not have the intent or ability to repay the money even after receiving the money from the Plaintiff, it did not receive money from a bank account under the name of the Defendant, and did not receive money from time to time. The Defendant transferred the means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., to another person C so that it can use the bank account under the name of the Defendant, and the Defendant acquired it against the Plaintiff, such as transferring part of the said money to himself.

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