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(영문) 대전고등법원 2016.01.22 2014나11398
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 became aware of the network E (the death of October 14, 2012, hereinafter “the deceased”) that was engaged in a business such as construction and sale of buildings through the introduction of friendly job offering D, thereby lending money to the Deceased. The transaction including financial accounts in the name of another person between the Plaintiff and the Deceased includes the following:

1) On December 13, 2004, the Plaintiff transferred KRW 253,00,000 in total from the financial account under the name of himself and G (the wife of the Plaintiff) to the financial account under the name of C (the wife of the deceased). 2) On December 15, 2004, the Plaintiff transferred KRW 247,000,000 in total to the financial account under the name of G and H (the deceased’s deceased father) from the financial account under the name of G and H (the deceased’s deceased father).

3) On February 25, 2005, the Plaintiff transferred KRW 87,000,000 in total to the financial account under the name of C and J. 4) On March 25, 2005, the Deceased transferred KRW 151,00,000 in total to the financial account of the Plaintiff and G in the name of C on March 25, 2005, and KRW 38,000,000 on June 13, 2005.

The Plaintiff transferred money to M in the name of M, and the money transferred by the deceased to the Plaintiff in the name of M shall be excluded.

B. On October 2005, the Deceased purchased the land on the Seo-gu L, Daejeon around October 2005 and purchased the land on his own.

On the ground, F, which is a 11th floor building, was newly built, and the defendant was established on October 14, 2005 by making C, the wife, a nominal representative director (Resignation on March 12, 2013) in the process.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 22, 29, 38, 39, 40, Eul evidence Nos. 22, 2, 3 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 loaned KRW 900 million to the deceased, and among them, he was paid KRW 700 million and was still not paid KRW 200 million.

Upon the establishment of the Deceased, the Defendant promised to have the Defendant repay the borrowed debt, and after the establishment of the Defendant, the Defendant paid the Plaintiff the interest of KRW 1.6 million per month on the said KRW 200 million, which is the status of the Deceased.

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