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(영문) 광주지방법원 2016.02.17 2015나8878
대여금
Text

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

Reasons

1. Basic facts

A. The husband D and the defendant C of the parties concerned are relatives of family relationship.

Defendant B and Defendant C were divorced on March 17, 2014.

Before the divorce, Defendant C registered the business under Defendant B’s name and operated the gas station with the trade name “E”, and traded necessary for the operation of the gas station using the passbook and the seal of Defendant B.

B. On July 5, 2011, Defendant C, preparing a cash custody certificate, issued a cash custody certificate (hereinafter “instant cash custody certificate”) with the following content to the Plaintiff.

Cash Storage Certificate - daily Won (100,000,000) - This Certificate shall be prepared and sealed in order to receive the above amount on July 5, 201 and to ensure the receipt (storage) of the above amount.

- Reasons for storage: To use the above amount as operational funds, and the period of storage shall be one year from the date of storage.

- The custodian’s address: F Trade Name at the moment of net thousand: B, C

C. The Plaintiff transferred totaling KRW 100,000,000 to Defendant B’s passbook from July 12, 201 to July 15, 201.

From August 18, 2011 to October 4, 2013, Defendant C remitted the sum of KRW 56,500,000 to the Plaintiff’s passbook from Defendant B’s head of Tong, which he owned, from August 18, 201 to the Plaintiff’s head of Tong.

Now 1201-08-18,000 201-15,00 3,011-10-17,000 4 201-11-16,00 3,00-12-19 3,000 60 201-12,000 60 201-16,000 3,000 20-16 00 20-16,000 20-20 02-202,020-2020-16,000 20-16,000 20-20,000 20-20-16,000 20-20,000 20-2,000 200-16,0000 204-16,010-20-16

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