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(영문) 서울남부지방법원 2016.12.02 2015나60530
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

The plaintiff's assertion by the parties has remitted the amount of KRW 15 million to the defendant on September 27, 2010, and has lent KRW 3 million on October 6, 2010, and KRW 20 million on October 18, 2010 to the defendant in cash.

The defendant's assertion C decided to invest in the E main points operated by D with the loan of KRW 15 million from the plaintiff, and requested the defendant to receive money from the plaintiff through the account in the name of the defendant.

Accordingly, after receiving KRW 15 million from the Plaintiff, the Defendant transferred KRW 10 million to D’s account at C’s order, and transferred the remaining KRW 5 million to F’s account in accordance with C’s order.

Therefore, the other party to the loan of the above KRW 15 million is not the defendant.

There is no amount of KRW 5 million received from the plaintiff in cash.

Judgment

The fact that the Plaintiff, on September 27, 2010, remitted the transferred KRW 15 million from the account under his name to the account under his name on September 27, 2010, is either a dispute between the parties, or is recognized by the purport of the entire statement and pleading as set forth in subparagraph 1.

If so, according to the testimony of the witness of the first instance court and the first instance court as to who is the defendant and C, the other party to the loan is the defendant and C, the fact that the defendant and D agreed to operate the main place of business, that the defendant asked C to provide a loan or a loan brokerage in order to raise funds for the partner, and that the plaintiff lent the amount of KRW 15 million to the defendant through the mediation of C.

The evidence is contrary to this, Eul's evidence Nos. 3 (D's letter of certification of witness statement) and D's testimony. The summary of this content is 49 million won of the total amount of investment in E's main points (i.e., security deposit of KRW 10 million, KRW 20 million of the facility cost of KRW 12 million of the security deposit of KRW 12 million of the security deposit of KRW 20 million of the security deposit of KRW 5 million of the purchase cost of KRW 5 million of the security deposit of KRW 30 million of the security deposit of KRW 15 million of the security deposit of KRW 30 million of the security deposit of KRW 15 million, the defendant of KRW 9 million, and KRW 25 million of D

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