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(영문) 서울고등법원 2016.06.24 2015나28564
손해배상(기) 및 부당이득금
Text

1. The plaintiff's appeal is all dismissed.

2. A claim for a loan to Defendant B added at the trial and to Defendant C.

Reasons

1. Determination as to the claim against the defendant B

A. Defendant B, while operating L Co., Ltd., Defendant B, etc., claimed by the Plaintiff, in order to use it as the operating fund of the above company, KRW 100 million from the Plaintiff on December 8, 2005, and the same month.

9. A total of KRW 100 million and KRW 600 million on the 15th of the same month were borrowed.

The Plaintiff agreed on November 1, 2007 on the date when damages for delay on Defendant B and the said money occurred.

Therefore, Defendant B is obligated to pay the Plaintiff the above amount of KRW 600 million and the damages for delay from November 1, 2007.

2) On December 15, 2005, the Plaintiff leased KRW 600 million interest to Defendant B by designating and lending KRW 100 million, and on April 4, 2006, the Plaintiff agreed between Defendant B and Defendant B to receive KRW 600 million of the above leased principal immediately upon disposing of the site for a golf course located in the B, B, and 4 lots owned by Defendant B (representative E). Since Defendant B received KRW 2 billion from Defendant B to October 31, 2007, the decision was issued as a substitute for the conciliation with the contents that Defendant B would receive all of KRW 2 billion from E until October 31, 2007, Defendant B did not perform the obligation to pay the settlement amount to the Plaintiff at least on November 1, 2007. Accordingly, Defendant B is liable to pay KRW 60 million of the above settlement agreement and delay damages therefrom, even if there is no dispute between the parties to a loan, if the Plaintiff asserts that the loan was not loaned.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). According to the evidence A No. 4, Defendant B’s account in his/her name (Account Number: M) from the Plaintiff, KRW 100 million on December 8, 2005;

F. 9.10 million won;

In the month, even though it is recognized that the sum of KRW 600 million was deposited on 15.4 billion, it is difficult to recognize that the said sum was leased to Defendant B, and there is no other evidence to recognize it.

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