(영문) 울산지방법원 2015.01.14 2014나4644 | 리걸엔진

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Reasons

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(영문) 울산지방법원 2015.01.14 2014나4644

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion and judgment

A. The plaintiff asserts that the defendant lent KRW 22.5 million to the defendant on July 25, 2007 after the due date for two months.

In regard to this, the defendant asserts that the above money is merely an amount invested by the plaintiff and the defendant in common in 22.5 million won, respectively, with respect to the 103-dong 1402 of Ulsan E apartment.

B. According to the records in Gap evidence No. 1, the fact that the plaintiff remitted 22.5 million won to the defendant on March 8, 2007 can be acknowledged.

However, with regard to the nature of the above money, according to the following circumstances: (a) the fact that there is no dispute between the parties; (b) the statement of evidence Nos. 1, 2, and 4; (c) each testimony of witness F and C (limited to D; hereinafter “C”) of the first instance trial; and (d) the fact inquiry results with respect to the representative director of the first instance G Co., Ltd. of the company G Co., Ltd. of the first instance into the whole purport of the pleadings; (c) according to the “the details of succession of rights and obligations” attached to the supply contract No. 103 Dong 1402 (Evidence No. 1); and (d) the right to sell the above money was

3.9. The defendant from I and the same damage.

7. 22. 22. The transfer from the defendant to the plaintiff and there was no fact that the transfer was made to a third party, ② the plaintiff and the defendant filed a complaint against C jointly mediating the transfer process, ③ the plaintiff would first file a complaint against C, and the plaintiff would have received money from C. ④ The loan amounting to 22.5 million won claimed by the plaintiff is equivalent to half of the purchase price of the above apartment purchase right (45 million won x 1/25 million won x 2.5 million won), ⑤ The purchase of the above apartment purchase right was mediated by the plaintiff and the defendant jointly invested in the first instance court and made an investment of half of the purchase price (record 162, 162). In light of the fact that the loan amounting to 22.5 million won claimed by the plaintiff is equivalent to half of the purchase price of the above apartment purchase right,

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