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Reasons
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(영문) 서울고등법원 2019.01.09 2018나2020284
대여금반환
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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

The first instance court.

Reasons

1. The following facts do not conflict between the Parties:

The defendant is a community of the members who hold assemblies and worship activities in the building located in Ansan-si, and around October 2013, the name of the Bridge was changed from Diplomatic Association.

B. The Plaintiff, who was in office as the Defendant’s standing tree, was the birth of E, who died on February 25, 2008, and was the Defendant’s head and the Defendant’s non-party chairperson from January 2003 to January 2009.

2. The Plaintiff alleged that the Plaintiff borrowed KRW 150 million from the F Co., Ltd. (hereinafter “F”) on March 22, 2001 to the Defendant with a secured loan of KRW 150 million from F on March 22, 2001, but the Plaintiff did not change the Plaintiff’s claim that part of the loan amount of KRW 150 million was repaid from F on March 22, 2001 and the remainder of the loan amount of KRW 150 million was deposited into the Plaintiff’s account on October 22, 2018. The details of the loan amount of KRW 22, 2000,000,000, which was loaned from F on April 9, 1999.

On July 26, 2002, each loan of KRW 100 million was made to the defendant without fixing the due date.

In addition, the Plaintiff took out a loan of KRW 70 million from a corporate bank until April 2001, and lent it to the Defendant without due date. From the Defendant, May 3, 2006, KRW 20 million was paid on June 2, 2006, KRW 16,000,000 on November 16, 2006, and KRW 25 million was paid on September 4, 2007, and on January 6, 2010, the Plaintiff asserted that the deposit of KRW 10 million was made on January 8, 2010. However, according to the evidence No. 34, the Plaintiff appears to have been made on January 6, 2010.

The above loan amounting to KRW 10 million was repaid and all the above loan was repaid. ② The defendant opened a Masp account with the limit of KRW 20 million on August 11, 2003 and opened the above account.

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