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(영문) 서울고등법원 2017.03.24 2016나8833
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A (hereinafter “A”) gave KRW 200 million to the Defendant on June 17, 2011.

B. In relation to the above money, on June 17, 2012, the Defendant prepared and proposed a loan agreement (No. 2, hereinafter “instant agreement”) to the Plaintiff, and the following contents (the content irrelevant to this case is omitted) are stated therein:

-the agreed terms of loans -

1. Amount of loan: Interest in daily installments (Won 200,000,000);

3. Date of lease: June 17, 201.

4. Date of redemption: Temporary redemption on June 17, 2013.

7. Interest rate: “A” as described above with respect to interest-free interest means “B” lending “Won 200,000,000 won (Won 200,000,000) of daily gold,” and “I” agree to reimburse in compliance with the foregoing.

On June 17, 2012, “A” (hereinafter the Plaintiff’s trade name, etc.) “B (a borrower)” (hereinafter the Defendant’s personal information is stated, but the specific contents are omitted)

C. A was declared bankrupt on December 9, 2014 (U.S. District Court 2014Hahap78), and the Plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant shall be deemed to have expressed his intent to repay the borrowed amount of KRW 200 million to A through the agreement of this case. Thus, barring any special circumstance, the above KRW 200 million and the damages for delay shall be paid to the plaintiff.

B. The defendant's assertion 1) The defendant's assertion that the defendant would repay the borrowed amount of KRW 200 million is invalid by a false conspiracy. 2) The following facts following the facts acknowledged are either not disputed between the parties, or described in the evidence Nos. 1, 2, 3, 4, 9, 10 (which include each number; hereinafter the same shall apply), the testimony of the witness F of the trial of the party, and the testimony of the court of this court against the bank of Korea Co., Ltd.

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