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(영문) 서울고등법원 2018.04.27 2017나2072127
대여금
Text

1. The plaintiff's appeal against the defendant B is dismissed.

2. The part against Defendant C among the judgment of the first instance is revoked.

3.2

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be found with the whole purport of the pleadings as a whole in each entry of Gap evidence Nos. 1 to 4, 9, 10, Eul evidence Nos. 3, 4, 10, 15, and Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply).

[1] From March 200, Defendant B and Defendant C operated the “E Licensed Real Estate Agent Office” located in Sung-nam City Branch D as a partnership business and engaged in real estate investment business.

On April 19, 2003, Defendant B’s wife G and Defendant C’s wife F purchased each 1/2 share of H building No. 103 in Sungnam-si, Sungnam-si and completed the transfer registration on May 19, 2003.

[2] The Defendants prepared a receipt of May 14, 2004 (No. 1-1) with the content that they received KRW 300 million from the Plaintiff and delivered it to the Plaintiff.

On the other hand, on December 3, 2004, the receipts (No. 3-1) dated 2004, stating that the Plaintiff received KRW 250 million.

Defendant B prepared a receipt (Evidence A No. 1-2) on December 3, 2004, stating that he received KRW 100 million from the Plaintiff and issued it to the Plaintiff.

The Defendants prepared a receipt (Evidence A No. 1-3) on December 3, 2004, stating that they received KRW 50 million from the Plaintiff and issued it to the Plaintiff.

On March 4, 2005, Defendant C borrowed KRW 150 million from the Plaintiff and provided the Plaintiff with a loan certificate (No. 2) on March 4, 2005.

On the other hand, on February 22, 2005, the receipt of February 22, 2005 (No. 3-2) was prepared by the Plaintiff.

This receipt is written as "the full payment of the principal".

[3] On September 13, 2005, Defendant B’s wife G purchased 1/2 shares of the H building No. 103 from Defendant C’s wife F, and completed the share transfer registration on the same day.

On September 2005, Defendant C and his family members entered New Zealand to move into New Zealand, and the relationship between Defendant B and Defendant C terminated.

Defendant B shall be as shown in the attached Form to the Plaintiff from August 25, 2006 to September 24, 2014.

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