(영문) 광주지방법원 2020.07.03 2019나55308

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.07.03 2019나55308

대여금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. In the first instance court, the Plaintiff sought the confirmation of the payment of loans and the existence of the obligation. The first instance court dismissed the loan claim and accepted the claim for confirmation of the existence of the obligation.

In this regard, the defendant only appealed against the part of the claim for the confirmation of the existence of the obligation, and the subject of the judgment of this court is limited to the claim for the confirmation of the existence of the obligation.

2. Basic facts

A. 1) The Defendant entered into a lease agreement with respect to the C Apartment (hereinafter “instant C Apartment”) around August 10, 2008 in order to have his/her married reside with K around August 10, 2008.

2) As to the lease deposit, KRW 75 million (hereinafter “the lease deposit of this case”)

(2) The Defendant paid the instant lease deposit to K around that time when concluding a lease agreement with the contents of the lease agreement to be set up and leased, and due to the Defendant’s credit problems, the lessee was in the name of L, a parent of the Plaintiff.

B. On September 1, 2008, the Defendant stored KRW 20 million in the Plaintiff on September 1, 2008. On September 5, 2008, the Plaintiff withdrawn KRW 100 million as a check from its bank account (M) on September 5, 2008. The said KRW 100 million as a sales contract for the NE (hereinafter “instant business”).

(1) In relation to the corporation (hereinafter referred to as “foreign corporation”)

(2) On September 5, 2008, the sales contract signed by the Plaintiff on September 5, 2008 (hereinafter “instant sales contract”) between the non-party company and the Plaintiff (the Defendant’s representative) with the content that the Plaintiff would sell the first floor Q of the NN building in the amount of KRW 344 million. The buyer’s column of the sales contract stated “the Plaintiff (the Defendant’s representative)” and the Defendant’s resident registration number is stated.

In addition, the non-party company shall prepare a deposit sheet stating that the plaintiff was paid 340 million won as the other party to the contract, and the defendant shall be the defendant.

유사 판례

-광주지방법원 2020.07.03 2019나51337

-의정부지방법원고양지원 2017.11.01 2016가합74401 (2)

-서울남부지방법원 2019.01.30 2016가단263151

-수원지방법원 2019.01.16 2017가합16245

-대전지방법원 홍성지원 2018.10.02 2017가단5686