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Reasons
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(영문) 서울중앙지방법원 2015.02.12 2012나34244
대여금
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The judgment of the first instance shall be revoked.

2. The defendant shall pay to the plaintiff KRW 30,000,000 and shall pay to the plaintiff full payment from September 24, 2011.

Reasons

1. Basic facts

A. The Defendant and the Defendant of the money transaction between the Defendant and A have joined two units in the number system organized by A on January 13, 2007, and two units in the number system organized by A on March 23, 2008, respectively. The above number system provides that if a member receives a guidance, it is required to select a security and a guarantor recognized by the transferor.

B. On January 13, 2009, the Defendant received KRW 25,000,000 in the face value of KRW 115,00,000 in the face value of KRW 140,000 from A, and issued to A a promissory note with face value of KRW 140,00,000 on the same day.

(2) On May 12, 2009, the Defendant issued a promissory note of KRW 167,000,000 at face value A on May 13, 2009 (131,000,000 for the amount actually received due to additional deduction of the amount of meal for the unpaid and the amount of meal for the time-to-day (131,00,000,000).

(3) On December 23, 2009, the Defendant issued a promissory note of KRW 320,000,000 at face value to A, and promised to pay KRW 40,000 at face value above. The Defendant received KRW 20,000,000 from A on December 24, 2009, out of KRW 320,000 at face value, respectively.

C. The Defendant paid KRW 51,00,000 from that time to April 26, 2010, including that the Defendant paid KRW 1,000,000 to A on December 23, 2009, including that the Defendant paid KRW 51,00,000 from that time.

On March 26, 2013, the Plaintiff was declared bankrupt by this Court 2012Hadan13121, and the Plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 through 7, Eul evidence Nos. 2 and 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that A lent KRW 100,000,000 to the defendant on March 18, 2008, and the defendant received the instant fraternity from A, and the defendant received the instant fraternity from A, in total, KRW 70,000,000 on January 13, 2009, and KRW 70,000 on May 13, 2009.

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