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Reasons
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(영문) 서울고등법원 2017.01.25 2016나7175
대여금 등
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1. The plaintiffs' appeal and the plaintiff B's claim expanded from the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. The plaintiffs are legally married couple, and the defendant is the plaintiff B's words.

The mutual installment payment of 5,000,000 mutual installment payment on October 28, 2004, which was made in cash from May 28, 2004 5,60,000,000 for the first transaction type (the first transaction type) on the date of May 28, 2004, 30 mutual installment payment of 30 mutual installment payment on November 29, 2004 5,000,000 mutual installment payment on December 28, 2004 5,000 mutual installment payment on December 28, 2005 5,000 mutual installment payment on January 28, 200, 6,00 mutual installment payment of 30,000 mutual installment payment on July 30, 200, 3000, 000 cash payment on July 18, 200,000;

B. The Defendant, around 2004, managed Plaintiff B’s one bank passbook (Account Number E) in which the Plaintiffs were located in China.

There are the following withdrawals in the above account:

On February 27, 2006, Plaintiff A, 7,000,000 on March 1, 2006, Defendant A, on March 1, 2006, 3,000 on March 1, 2003, 100,000 on January 20, 209, Plaintiff B 5, 10,000 on July 21, 2009 (Plaintiff A6, 10,000,000,000 on July 20, 2009; 10,000,000, 10,000 on July 22, 2009; 10,00,7, 200, 10,000 on July 22, 200, 200, 100, 100, 100, 2000, 2008, 209

C. There are transfers, such as the entry in [Attachment 2] below the Plaintiffs’ account.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 14, Eul evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion (i.e., the Plaintiff’s claim for the return of loan) lent KRW 20,000,000 to the Defendant as indicated in [Attachment 2] Nos. 1 through 3.

Therefore, the defendant is obligated to pay to the plaintiff KRW 20,000,000 and damages for delay.

In 209, Plaintiff A paid KRW 205,00,000 to the Defendant upon the Defendant’s recommendation that “The good real estate has been purchased.”

However, the defendant purchased the above funds on behalf of the plaintiff A.

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