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(영문) 서울고등법원 2017.01.10 2016나2005144
대여금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Under the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the grounds of the judgment of the first instance (from 2, 5, up to 5, up to 5, 2, 5) shall be cited as the grounds of this judgment.

except that part of the following shall be dried or added:

One bank corporation shall be incorporated into one bank as "one bank" in the second 9 pages of the judgment of the first instance.

The testimony of this Court G and H shall be added in the front of the "the purport of the entire argument" of the fourth 2th th instance judgment of the first instance.

2. Determination:

A. According to the overall purport of the statements and arguments, the Plaintiff borrowed KRW 50 million from I on May 20, 2014, and I transferred the above KRW 50 million to the account under the name of the Defendant (J) (hereinafter “instant account”) at the Plaintiff’s request, and the Plaintiff borrowed KRW 500 million from K on May 28, 2014, and the Plaintiff remitted the above KRW 500 million to the instant account upon the Plaintiff’s request.

B. However, in full view of the following circumstances, it is reasonable to view that the Defendant merely lent its name to the Plaintiff or F for the bid in the public auction procedure of this case, and that the receipt of money through the instant account was a F who managed the account that is not the Defendant. The facts of the foregoing paragraph (a) and the evidence submitted by the Plaintiff alone are insufficient to acknowledge that the Defendant obtained unjust enrichment as alleged by the Plaintiff, and there is no other evidence to support this.

① On April 11, 2014, C applied for commencement of rehabilitation procedures while operating a golf course in each of the instant real estate.

(2) One bank shall pay trust expenses, etc. from April 7, 2014 to April 28, 2014.

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