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(영문) 서울고등법원 2015.04.28 2014나2038416
대여금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasons for a judgment of the first instance shall be quoted by this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, as follows, the judgment on the allegations made by the plaintiff in this court shall be added.

2. Parts to be dried shall be subject to the following : 4.4. 7. 7. to the next 4. 7. 5.

No. 400 million won, the agricultural bank account (Account Number: P) in the name of H was terminated on March 18, 2005, and on the same day, the above amount is referred to as the national bank account in the name of H (Account Number: K; hereinafter referred to as “H bank account”).

In light of the fact that: (a) on March 21, 2005, the balance of the national bank account in H on March 21, 2005, KRW 500 million was withdrawn from the Central Branch of the National Bank Training; and (b) on the same day, deposited KRW 500 million in the Suhyup Bank account (Account Number: Q) in the name of the Defendant church; and (c) the Plaintiff recognizes that the cashier’s checks issued in H’s name are checks issued in the national bank account in H’s name; (b) it is insufficient to recognize that the deceased lent KRW 500 million to the Defendant church only on the basis of the entries in Gap’s evidence 1 through 12, 9-1 through 6, 10 through 15, and 16-1 through 3, and there is no other evidence to acknowledge otherwise. Therefore, the Plaintiff’s assertion is without merit without any need to further examine.

3. Additional determination

A. The Plaintiff’s assertion that “The Plaintiff’s Ha delivered the Plaintiff, etc. with the copy of the instant loan No. 9-1 to 6 of the documentary evidence of partial repayment of KRW 500 million to the Plaintiff, etc., along with the copy of the instant loan loan, the amount of KRW 80 million deposited in the Defendant church’s name on October 16, 2008, KRW 10 million deposited in the Defendant church’s name on December 23, 2008, KRW 20 million deposited in the Defendant church’s name on December 10, 2009, and KRW 10 million deposited in the Defendant church’s name on December 10, 2009.” The above actions of the Plaintiff No. 9-1 to 6 and H are the repayment of the instant loan to the Deceased.”

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