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(영문) 서울고등법원 2019.10.02 2018나2068668
약정금반환금
Text

1. The judgment of the first instance court, including a claim reduced by this court, shall be modified as follows:

The defendant.

Reasons

Facts of recognition

The following facts shall not be disputed between the parties, or may be acknowledged by taking into account the whole purport of the pleadings in the descriptions of Gap evidence Nos. 1 through 6, 13, and Eul evidence No. 1:

The plaintiff is currently pending a divorce lawsuit (No. 2019dhap118) between C and his/her husband.

C On December 6, 2012, the defendant was established as a company for the purpose of agricultural management, development of real estate, sale of real estate, etc. and was employed as the representative director until April 10, 2017.

B. On May 7, 2013, the Plaintiff borrowed KRW 239 million from D Bank to the Defendant’s account on the same day, and remitted KRW 210 million to the Defendant’s account on the same day. On May 16, 2013, the Plaintiff withdrawn KRW 17 million in cash, respectively, as a cashier’s check number E, and one million in cash.

C. On May 7, 2013, the Defendant received KRW 210 million from the Plaintiff, and transferred KRW 200 million out of the same day to the seller of the sales contract concerning KRW 4595 square meters of forest land in Gyeonggi-gu (hereinafter “instant forest”) as part of the intermediate payment.

C On July 19, 2013, a statement of deposit and withdrawal transaction (Evidence A6) in the Plaintiff’s name was prepared, and a sum of KRW 45 million was withdrawn from the Plaintiff’s account as follows. On the same day, a sum of KRW 20 million was deposited in the Defendant’s account in the Plaintiff’s name.

G H C

E. On July 19, 2013, the Defendant acquired the ownership of shares 4299/4959 out of the instant forest, and the ownership of shares 660/4959 out of the instant forest was transferred by the Plaintiff.

F. From January 1, 2014 to December 31, 2014, Plaintiff 18,500,000 and Plaintiff 227,986,638 are written as a provisional deposit in the tax settlement statement against the Defendant.

Opinions of the Parties

A. The Plaintiff asserted that the Plaintiff leased the Defendant a total of KRW 249 million (i.e., KRW 200 million to the Plaintiff (i.e., KRW 210,000,000,000 to KRW 19,000,000) on May 7, 2013, 2013, and (ii) on July 19, 2013, the Plaintiff leased the Plaintiff the amount of KRW 246,486,00 to the Defendant in the course of preparing a tax settlement statement by the Defendant on December 31, 2014.

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