logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.17 2015나13543
대여금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 21, 2009, the Plaintiff loaned money to C by means of remitting money amounting to KRW 15 million to the passbook in the name of D used by C on the same day upon request by the Defendant that “I wish to pay money within the limit of KRW 15 million if I lend money.”

B. On September 14, 2009, the Plaintiff loaned the above money to C by receiving a request from the Defendant, “The Plaintiff shall pay KRW 30 million,000,000,000,000,000 to the first entered money in order to register the ownership of the land.” On the same day, the Plaintiff borrowed money to C by remitting money to the agricultural bank passbook in the name of the above D.

C. The Defendant merely received a request from C to obtain money from another person, but did not at all obtain ownership transfer registration, etc., and even if the Plaintiff received money from C, the Plaintiff was deemed to have lent money to another person.

paragraphs 1 and 2.

On January 25, 2013, an order of summary order of KRW 3 million was issued by Jinwon District Court Jinwon Branch Branch Decision 2012Da6413 on January 25, 2013 as the criminal facts by deception and defraudation of money, and the request for formal trial was filed, but was sentenced to a fine of KRW 3 million on June 13, 2013 for the same criminal facts.

(J) The defendant appealed against the above judgment, but the appeal was dismissed on October 31, 2013 (the Changwon District Court 2013No1069) and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant shall borrow money from the plaintiff and that he shall be responsible for the repayment of the money if C does not repay the money. Thus, the defendant shall be liable for the repayment of 45 million won to the plaintiff as the guarantor.

The defendant committed a tort against the plaintiff.

arrow