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(영문) 부산지방법원 2020.02.07 2019나52430
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a relative with the Defendant, and C is a person who had a relation of relationship with the Defendant and operated a manufacturer related to the shipbuilding of “D” in the name of the Defendant.

B. On February 2015, the Defendant requested the Plaintiff to lend KRW 25 million to the Plaintiff, while D was seized the building on the F ground of Changwon-si, Changwon-si, Changwon-si, Changwon-si, which was owned by the Defendant, due to its failure to pay national tax equivalent to KRW 35 million.

C. On March 2, 2015, the Plaintiff prepared a total of KRW 25 million under the insurance terms and conditions under the Plaintiff’s husband’s name, and KRW 25 million under the insurance terms and conditions under the Plaintiff’s name. The Defendant deposited KRW 25 million with the Defendant’s national tax payment account in total of KRW 35,735,000,00 in the Defendant’s name, as the above KRW 25 million and its money KRW 10 million, etc. on the same day.

The seizure of the building owned by the Defendant as described in the subsection was released.

Since March 26, 2015 to June 17, 2017, C paid the Plaintiff KRW 1,7050,000 (a total of KRW 1,7050,000 (a total of KRW 7,250,000) on about 27 occasions, including KRW 350,000 or KRW 550,00,00 per month, and the Plaintiff transferred the amount of KRW 10,000 per month to the Defendant as interest for KRW 10,000 among the said amount received from C.

E. On October 2017, the Plaintiff was drafted by C a certificate of borrowing that the Plaintiff would repay the loan amounting to KRW 30 million.

[Identification Evidence] In the absence of dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 and 2 (including a serial number, if any; hereinafter the same shall apply), the result of the order to submit financial transaction information to the lower court at the bottom of the second instance court, the result of the order to submit data on Kim Jong-hae, the purport of the whole pleadings.

2. The reasons why the court should explain this part of the parties' assertion are the same as that of the part on the 3rd and 15th of the first instance judgment. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Generally a party to a contract.

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