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(영문) 서울고등법원 2015.08.13 2014나49526
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. The Plaintiff deposited money in a new bank account under the name of the Defendant from January 19, 2002 to March 2, 2003 as listed below, or paid a check to the Defendant, or received a certificate of loan from the Defendant.

6. Temporary deposit 0. 10: 0. 0: 00: 10. 10,000 new bank account on January 19, 2002; 20. 30. 6. 0. 0,000 new bank account (Evidence 4) on January 28, 2002; 40. 0. 10,000 new bank account on January 30, 200; 30. 10,000,000; 20. 6. 10,000 new bank account on February 5, 2002; 30. 10,000,000

B. On December 31, 2003, the Defendant prepared and executed a cash custody certificate (A evidence No. 1, B No. 4; hereinafter “the cash custody certificate of this case”) with the purport that “the daily amount of KRW 260,000,000 (investment amount of KRW 230,000,000, interest rate of KRW 30,000)” was “the amount of the above amount is a deposit for custody on December 31, 2003.”

C. On January 16, 2012, the Plaintiff sent a notice to the Defendant demanding the return of KRW 260,000,000 as indicated in the instant cash custody certificate to the Defendant and served on January 17, 2012, and again delivered a notice to the Defendant on August 21, 2012, stating that “the Defendant shall repay the said KRW 260,000,000 to the Defendant by October 31, 2012,” and that the notice reached the Defendant on August 24, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 2, 4, 5, and 6, and arguments.

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