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Reasons
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(영문) 서울고등법원 2016.04.21 2015나2046940
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. From July 23, 2008 to November 25, 2013, the Plaintiff of the original Defendant transferred the total amount of KRW 193.4 million to the Defendant’s new bank account among the deposits deposited in the bank account in the name of the Plaintiff’s husband (hereinafter “Plaintiff’s account”) (hereinafter “Plaintiff’s account”) as indicated in the following table.

From August 25, 2008 to June 25, 2014, the Defendant transferred a total of KRW 1.3 million from the Defendant’s new bank account to the Plaintiff’s account as indicated below.

B. From November 25, 2008 to May 25, 2011, the Defendant related to the fraternity paid the entire amount of the fraternity to the Plaintiff by opening an order from around November 25, 2008 to around May 25, 201. The amount of the fraternity paid by the Plaintiff to the Defendant is KRW 30 million (hereinafter “first fraternity”).

The fact that the defendant received KRW 30 million from the plaintiff around February 2010 is not a dispute between the parties.

From June 25, 2011 to February 25, 2013, the Defendant subscribed D to the order of succession 9 and 18, and paid the payment in full. D, on February 25, 2012, is KRW 30,300,000 (hereinafter referred to as “second order deposit”) that is to be paid to the Defendant on February 25, 201, and D, on November 25, 2012, is KRW 32,70,000 (hereinafter referred to as “third order deposit”).

From March 25, 2013 to June 25, 2014, the Defendant subscribed to, and paid in full, seven and nine fraternitys to, the order of succession, the Plaintiff paid to the Defendant on September 25, 2013. The amount of fraternitys No. 7 in the order of succession, the Plaintiff paid to the Defendant on September 25, 2013, is KRW 30,120 million (hereinafter referred to as “fourth fraternitys”). The amount of fraternitys No. 9 in the order of succession, the Plaintiff paid to the Defendant on November 25, 2013, is KRW 29,300 (hereinafter referred to as “five fraternitys”).

[ table] On the Nos. 3208-08-25,000, Defendant 1208-235,000,000, Defendant 1’s assertion as to whether the amount remitted to the Plaintiff was repaid to the Defendant on the No. 4 of the No. 3208-08-25,000,000, repayment No. 3208-25,008-25,0004 208-09-16,10,000, May 16, 200.

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