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(영문) 서울북부지방법원 2016.06.10 2015나33821
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 premise;

A. The Plaintiff wired or deposited KRW 20,000,000 on March 19, 2008, and KRW 163,700,000 on the 21st day of the same month to the bank account of the Postal Membership Exchange, and the Defendant wired KRW 20,000,000 to the Plaintiff on September 26, 2008.

B. The “GOLF membership under the Defendant’s name, which was the date of preparation on March 21, 2008,” is a sales contract for the “GOLF membership”, which is the date of acquisition by the Defendant of the consortium membership in the form of a transfer of ownership for KRW 90,00,000, and the preparation of documents, such as transfer of ownership, is entrusted to the trader.

C. The filing date is written in the application form for membership of the above club with the same seal affixed by the Defendant and the Defendant’s wife. The Defendant’s certificate of personal seal impression issued directly on March 20, 2008, the Defendant’s resident registration certificate, and the Defendant’s photograph, respectively.

When the Postal Membership Exchange proceeds a membership transfer procedure in the name of the original accused each, it used the full remittance amount of the Plaintiff’s above transferred amount under the name of the original accused [2] transfer price = 90,000 won + 550,000 won + 1,300,000 won + 1,300,000 won].

E. Meanwhile, the defendant paid approximately KRW 2,00,000 to the above membership in the defendant's name. The defendant made a promise under the defendant's name, but the plaintiff did not use the membership in the defendant's name.

[Ground for Recognition]: Facts without dispute, entry of Gap 1 and 2 evidence (including more than one number), fact inquiry results by the court of first instance, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (i) upon the defendant's request that the plaintiff lend 91,850,000 won (=90,000,000 won + fee of KRW 1,300,000 + fee of KRW 1,300,000 + fee of KRW 1,30,000) to the defendant, the plaintiff claimed that he recover 20,000,000 won from September 26, 2008, and thus, he recover 71,850,000 won.

Doz. The defendant shall have jurisdiction over Doz.

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