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Reasons
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(영문) 서울고등법원 2015.02.06 2014나11057
대여금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

Basic Facts

On July 30, 2007, the Plaintiff, D, and C transferred KRW 170 million to the Defendant’s account, deducting KRW 50 million from pre-paid interest from KRW 220 million on July 30, 2007.

The evidence No. 12-4 (Interrogation of Suspect), Eul No. 3 (the judgment of the court in question, D, as Incheon District Court No. 2009Gahap2107, loans, etc. filed against C and the defendant) shall be borrowed on July 30, 2007 to the plaintiff and D, "the plaintiff on July 30, 2007, as security, KRW 2.220,000 won per day (Mapo-gu F), and the apartment (Mapo-gu F) shall be provided until October 30, 207, and if it is impossible to repay on the date of repayment, it shall not be raised any objection against the transfer of ownership.

Creditors

1. The plaintiff;

2. The loan certificate of D (hereinafter “the loan certificate of this case”) was drawn up, and the defendant affixed the above loan certificate to the joint guarantor and affixed the seal to the above loan certificate.

The settlement relationship between the Plaintiff, C and the Defendant agreed to deliver the deposit sheet issued by the selling company G Co., Ltd. (Representative H) with respect to the E stores E, which purchased by the Plaintiff instead of the above apartment 601, for the repayment of the above loan amount, KRW 240 million,000,000,000, which corresponds to the part of the sales price of the first underground floor of the underground floor. On February 19, 2008, G Co., Ltd received KRW 240,000,000 as part of the remainder of the underground floor issued in the Plaintiff’s future (hereinafter “the deposit sheet of this case”).

On March 10, 2008, the Plaintiff drafted a letter of commitment to the following contents to C and the Defendant on March 10, 2008.

1.3(3)(1)(3)(1)(3)(1)(

1. On July 30, 2007, the Plaintiff confirmed that the “debt and guarantee relation” was completed in accordance with the deposit sheet of G acquired on January 29, 2008 (including interest amounting to KRW 240,000,000) by the Defendant.

2. Also, paragraph 1.

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