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(영문) 광주고등법원(전주) 2016.09.08 2015나100049
대여금
Text

1. Of the judgment of the court of first instance, the part against Defendant B in excess of the following amount ordered to be paid shall be cancelled:

Reasons

1. As to the claim against Defendant B, the Plaintiff claimed payment of KRW 277,638,670, totaling KRW 112,00,000, and KRW 277,638,670,00, with loans to Defendant B, and the following:

In this subsection, the first claim for the loan shall be determined and b.

In this subsection, the claim for unjust enrichment shall be examined.

1) The Plaintiff and Defendant B’s money transaction (i) upon Defendant B’s request, the Plaintiff transferred the total sum of KRW 347,500,000 from July 26, 2005 to February 21, 2007, as shown in Table I, to Defendant C’s account, the husband of the Defendant B.

The first instance court's decision on July 26, 200, 200, 67,500,000 of the remittance date (won) was deemed to be 67,200,000 won of the remittance amount. However, according to Gap's evidence No. 19, it can be acknowledged to be 67,50,000 won.

On August 25, 2005, 37,500, 37,000, 30,000, 4. 50,000 on September 5, 2005, 200, 50,000 on September 13, 2005, 6.30,000 on September 22, 2005, 6.30,000 on June 2, 2005, 13,000, 00, 00, 100, 00, 00, 00, 008, 10, 208, 10, 208, 10, 10, 10, 10, 10, 10, 10, 208, 10, 10, 208, 10, 2008.

The Plaintiff’s re-transfer money includes the money that the Plaintiff transferred as shown in the said Table I.

on August 16, 2005, Nov. 17, 2005, 10,000,000 on Nov. 17, 2005; 30,500,000 on Apr. 41, 2005, 41,500,000 on December 1, 2005; 50,000 on May 9, 200, 2005; 170,50,000 on the aggregate of 170,50,000 on December 5, 2005,

Ⅱ. Defendant B is the Defendant from September 26, 2005 to June 14, 2011 as indicated in the table III below.

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