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Reasons
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(영문) 울산지방법원 2014.11.26 2013나4326
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

2. The defendant.

Reasons

1. Facts of recognition;

A. On August 3, 2007, the Defendant remitted KRW 70 million to the Plaintiff on August 3, 2007. (2) On August 21, 2007, the Plaintiff determined and lent the amount of KRW 30 million to the Defendant on September 10, 2007. On behalf of the Defendant, E, the vice president of the company that the Defendant’s husband operated on behalf of the Defendant, paid the Plaintiff KRW 30 million to the Plaintiff on August 29, 2007.

3) The Defendant’s ASEAN and E delegated the purchase of land from F, the Plaintiff’s land, and performed the land purchase business. The Plaintiff transferred KRW 14 million to D with F’s purchase price on July 29, 2008, which entered into a real estate sales contract between F and the landowner. 4) On August 25, 2008, the Plaintiff transferred the total amount of KRW 20 million to D with D’s Bank Deposit Account (Account Number: G) on four occasions (hereinafter “Loan”).

Since then, D remitted 818,000 won to the Plaintiff on October 30, 2008, and repaid 20 million won to the Plaintiff on January 12, 2009.

B. On January 22, 2009, the Plaintiff received transfer of KRW 30 million from H’s children, one’s own land, and on the same day, deposited account in the name of the Defendant community credit cooperatives (Account Number: I: hereinafter “Defendant account”).

30 million won (hereinafter “instant loan”)

A) In addition, H remitted KRW 80 million to the head of the Tong under the name of the Defendant around that time. 2) The Defendant remitted KRW 30 million to D on January 23, 2009.

3) The Defendant transferred KRW 200,000,000 to C on September 20, 2011, respectively, the Plaintiff paid KRW 30 million to C on October 4, 201, under the name of interest on the instant loan, to the head of J, the father, the father of C.

C. 1 Plaintiff prepared each letter of certification between the Plaintiff and D, H and the Defendant, and D, with the effect that “D” borrowed 30 million won from the Plaintiff on April 21, 2011, and this agreement is drafted.

D shall be the date on which this Agreement has been made.

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