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(영문) 서울고등법원 2016.04.29 2015나2019504
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation of this case is as follows, except for adding the judgment in the court of first instance as to this case, or for the defendant's new or new argument, the reasoning of the court of first instance is as stated in the reasoning of the judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary portions] The fourth 5-7th 5th 7th 200 of the judgment of the court of first instance “A loan was repaid to the account (E) in the Defendant’s name on March 13, 2009,” and the loan was made as follows.

H. As seen earlier, KRW 3,685,309,913 was transferred from the instant deposit account to the Defendant’s account (E). On April 30, 2010, KRW 1,316,189,024 was repaid to the Japanese Savings Bank in the name of the Defendant related to the said account as of March 13, 2009, and KRW 1,316,189,024 was repaid as of June 29, 2007, and “as of June 29, 2007,” as of February 27, 2007.

2. Additional determination

A. The defendant's assertion 1) around 2009, the defendant lent the name of the defendant to the Japanese Savings Bank in Gangnam-gu Seoul, Seoul F 602 (hereinafter "the real estate of this case").

(2) At the time, L, a managing director of the Japanese Savings Bank, demanded the Defendant to sign and seal a credit transaction agreement, a written request for deposit, etc., by explaining to the effect that “the Defendant’s title lending was necessary to report to the upper part” (the Defendant demanded the Defendant’s wife G to sign and seal the credit transaction agreement, etc. around 2010).

(2) The Defendant signed and sealed a credit transaction agreement, written request for deposit, etc. without wishing to enter into a credit transaction agreement. However, the Japanese savings bank is keeping the said documents against the Defendant’s will and voluntarily entered the amount of the loan, interest rate, repayment date, etc.

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