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(영문) 인천지방법원 2017.06.29 2016나15266
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant was a person who runs the livestock products distribution business under the trade name of “D,” and was offered by “E” in 2006 that “I will seek KRW 300,000,000,000,000, out of the name of “E”.

B. After that, the Defendant and F suggested that “50,000,000 won shall be shown to anyone and returned 5,000,000 won to anyone” to the Plaintiff, who is G and its wife, as aground.

C. On January 31, 2007, the Plaintiff 30,000,000 won in cash, met with the Defendant, F and G on January 31, 2007, and met with E on the first floor of the hotel located in the name-dong in Jung-gu Seoul, Jung-gu, Seoul, and refunded KRW 30,000,000 as principal within two days, and additionally returned KRW 30,000,000 as principal to 30,000,000. Further, the Plaintiff created a passbook with the United Nations as its 30,000,000,000 won in cash, and created a passbook with the State’s system real estate as the business reward of KRW 30,000,000,000,000 as 30,000,000,000.”

Unlike the first proposal of the Defendant and F, the Plaintiff stated to the effect that the Plaintiff would show KRW 30,000,000,000 to lend KRW 30,000 from C, and that “F would give the Plaintiff a 30,000,000,000,000 to the Plaintiff,” and that “I would like to give the Plaintiff a son a complete payment even if I sold a satch factory operated by the Plaintiff.” The Defendant first stated to the effect that “I would have an apartment house, and I would have a satch with a satch factory.” The Plaintiff issued KRW 30,000,000 to C.

E. On the same day, the Plaintiff prepared “cash custody certificate (A3)” with the Defendant and F, and the content thereof are as follows.

현금보관증 금 參阡萬 원정(30,000,000원) 上記 金額을 2007년 2월 28일까지 보관함 (일이 성사 안될 시) 2007. 1. 31. ① 보관인 F...

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