logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.01.21 2014나20105
대여금
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 198, the Plaintiff retired from the director of the branch office of the Ccompany and had been engaged in the work of exchanging cashier’s checks against those who find E in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul from March 1999. Since around 2009, the Plaintiff became aware of the Defendant by exchanging cashier’s checks to the Defendant.

B. The Plaintiff made a monetary transaction with the Defendant in accordance with the Defendant’s proposal that “If the Defendant transfers a certain amount to the Plaintiff, then the Plaintiff transfers the money to a third party requested by the Defendant plus a certain amount, the sum added by the Plaintiff would be repaid as the Defendant’s borrowed money.”

C. 1) On January 22, 2011, the Plaintiff received transfer of KRW 30 million from the Defendant, and transferred KRW 50 million to the F’s financial account at the Defendant’s request on the same day, adding KRW 20 million to the F’s financial account (In conclusion, the Defendant borrowed KRW 20 million, which is the sum of KRW 20 million.

(2) On February 13, 2011, the Plaintiff sent KRW 25 million to the Defendant’s cashier’s checks (an amount of KRW 100,000,000) with KRW 25 million. On February 14, 2011, upon the Defendant’s request, the Plaintiff sent KRW 45 million to G’s financial account two times in total.

On the other hand, on February 14, 2011, the Defendant remitted only KRW 45 million to the Plaintiff.

(F) In conclusion, the Defendant borrowed KRW 25 million, and the Plaintiff, upon the Defendant’s request, remitted KRW 10 million to the financial account in the name of H on March 6, 2011, KRW 5 million to the financial account in the name of H on May 20, 201, KRW 5 million to the financial account in the name of J on June 22, 2011, KRW 5 million to the financial account in the name of J on July 27, 2011, and KRW 25 million to the financial account in the name of K on July 27, 2011 (i.e., the Defendant borrowed KRW 25 million, which is referred to as “third loan”).

(4) The Plaintiff, at the Defendant’s request, remitted the Defendant’s financial account in the name of L to KRW 5 million on July 24, 201, and KRW 5850,000,000 on July 25, 201, and KRW 5850,00 on July 25, 201.

Therefore, the defendant borrowed 5850,000 won, which is "4.00 won."

arrow