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(영문) 서울고등법원 2014.12.19 2013나68100
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which is ordered to pay below.

Reasons

1. Basic facts

A. From October 17, 2002 to August 15, 2008, the Plaintiff paid the sum of KRW 5,220,000 to Defendant B via an account in the name of the mother of Defendant B or Defendant B as listed in the table 1 as follows.

on October 17, 2002. 720,00 B B B 208. 2,000 B B 3206.03.04. 1,000,000 D A 4. 1,000,000 D 4. 06. 1,00,000,000 D 5 5. 50,000 2,220,000 B 20,000 B on October 1, 2007

B. From May 9, 2006 to July 2, 2007, the Plaintiff paid KRW 7,700,000 in total to Defendant C’s account under Defendant B’s name as indicated in the table 2 below (hereinafter “second payment”).

on November 1, 2006, 200 CF 30,000 CF 40,000 C on November 07, 2006, Nov. 4, 2007, 2007, 000 CF 400,000 C on June 4, 2007, 200 C exchange 5207.02,500,000 C on July 2, 2007, 2007, 7,700,000 C Loans

C. From April 20, 209 to October 25, 201, the Plaintiff paid KRW 128,883,046 in total from the Plaintiff’s account or the Plaintiff’s account in the name of G Co., Ltd. (hereinafter “G”) operated by the Plaintiff to the name of H (hereinafter “H”) as listed in the following table 3, and paid KRW 10,000,000 out of the payment amount as of April 20, 2009 to the Plaintiff’s account as of June 22, 2009 and paid KRW 118,83,046 in total.

In addition, on October 28, 2010, KRW 20,000,00 from the Plaintiff’s G account in the name of G was deposited in the check.

(1) For the 10,00,000 Cj 2 on April 10, 2009 and 138,883,046 won in total, 138,046 won in the above account transfer and check withdrawal (hereinafter “third payment”) 5,00,000 won in the account opened in the bank account opened in the order of 3 attached Table 10,000.

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