(영문) 서울고등법원 2014.10.22 2013나69585

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(영문) 서울고등법원 2014.10.22 2013나69585

대여금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On January 28, 2008, the Plaintiff listened to the fact that C borrowed money from the Defendant and transferred KRW 140 million to C’s account on January 29, 2008.

B. C prepared a loan certificate on February 1, 2008, stating the loan amount of KRW 150 million, the due date of repayment of the loan amount of KRW 150 million, and the loan certificate on March 29, 2008, and delivered it to the Plaintiff via the Defendant around that time.

C. C paid to the Plaintiff KRW 6 million on March 7, 2008, KRW 6 million on May 2, 2008, KRW 20 million on May 15, 2008, KRW 500,000 on May 15, 2008, KRW 500,000 on May 29, 2008, and KRW 6 million on May 31, 2008.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the main claim

A. On January 29, 2008, the Defendant borrowed KRW 144 million from the Plaintiff along with C on January 29, 2008, or jointly and severally guaranteed the Defendant’s debt of KRW 1440 million against the Plaintiff.

The defendant is a party to a loan for consumption or a joint guarantor under a contract for money, and is jointly and severally liable with the co-defendant C of the first instance trial to pay the loan amount of KRW 130,0260,000 and the delay damages that

B. 1) In full view of the facts of recognition under paragraph (1) of this Article, Gap evidence No. 4-1 to 3, and the purport of the entire arguments, Eul requested on January 28, 2008 to lend KRW 150 million to the plaintiff through the defendant, and around February 1, 2008, Eul delivered a loan certificate to the plaintiff through the defendant on February 1, 2008, after C received KRW 140 million from the plaintiff on January 29, 2008, and immediately after C transferred the amount of KRW 140 million from the plaintiff on January 29, 2008, it is recognized that the defendant sent KRW 20 million to the defendant on January 29, 2008, and delivered KRW 80 million to the defendant on January 30, 2008, with the cash check No. 2000 million on January 30, 2008, as a whole, Gap evidence No. 21 to 281,3008.3

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