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Reasons
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(영문) 서울고등법원 2014.05.01 2012나94850
대여금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff received the introduction that there is a good-quality investment vehicle from work-based E, and transferred the amount of KRW 50 million on May 15, 2007, ② KRW 50 million on June 15, 2007, ③ KRW 50 million on July 25, 2007, ④ KRW 200 million on January 25, 2008 (hereinafter “instant KRW 200 million”) to the Defendant’s account as E designates.

B. The Plaintiff remitted the instant KRW 200 million to the Defendant as above, and received a certificate of investment agreement in which C’s trade name was printed via E each time of remittance.

[The certificate of investment agreement in receipt of the above (1) through (3) shall be 2, 3, and 4 of the evidence No. 4-2, 4, and (4) the certificate of investment agreement in receipt of the remittance of money shall be part of the evidence No. 1 (record 101 pages; hereinafter referred to as the "certificate of investment agreement in this case"). The name and signature of the representative director shall be affixed to the bottom of each of the certificates of investment agreement in this case, and the name and signature of the defendant shall be stated next to the trade name of C.

C. The Plaintiff received money from the Defendant as one’s own passbook from June 15, 2007 to January 25, 2008 on several occasions in the name of interest (profit) on the instant KRW 200 million.

After February 2008, the Plaintiff did not pay interest to KRW 200 million. On March 27, 2008, the Plaintiff sought on March 27, 2008, and demanded the Defendant to return the said KRW 200 million.

Accordingly, the Defendant prepared a written confirmation (Evidence No. 3, 200,000, and 50,000, and the above amount was requested for repayment but failed to repay due to the company’s circumstances. The Defendant promised to repay by April 11, 2008, in consultation with the company’s bond group, and signed the confirmation at the bottom of the confirmation (hereinafter “instant confirmation”). The Defendant stated that “State Party B” was at the bottom of the confirmation and signed on the Plaintiff. [The grounds for recognition] fact that there is no dispute, Party A’s evidence Nos. 1 through 5, and Party B’s each statement (including each number);

hereinafter the same shall apply.

- The purport of the whole pleadings

2. The plaintiff.

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