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(영문) 서울고등법원 2015.04.21 2014나2020156
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff served as a mechanical repair technician at C Co., Ltd., and the Defendant served as a bread technician at the same company, and was known to the Plaintiff and within the city.

B. The Plaintiff remitted total of KRW 415,00,000 to the Defendant on October 6, 2010, KRW 100,000,000 on January 13, 2012, and KRW 300,000,000 on May 18, 2012.

C. On May 9, 2012, the Defendant purchased 420,000,000 square meters of E, F-based single-story factories and E factory sites, and 237 square meters of K forest land (hereinafter collectively referred to as “instant factory”) from Innju City from D and J on May 9, 2012, and completed the registration of ownership transfer under the Defendant’s name on July 6, 2012.

The Defendant operated the instant plant with the trade name “G” in the instant plant, and H was employed by the Defendant from July 2012 to work in the instant plant and operated the said factory solely from October 2013.

E. Meanwhile, on May 30, 2013, I, his father, the Plaintiff’s wife, completed the registration of ownership transfer for the factory of this case from the Defendant on the grounds of sale and purchase. On June 11, 2013, I completed the registration of change of the right to collateral security (the maximum amount of claim, KRW 364,00,000, and the Defendant) on the ground of contract acceptance.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 2, 3, 15, Eul Nos. 2, 2, 15, and Eul Nos. 2 (including Serial numbers; hereinafter the same shall apply), and the purport of the testimony and pleading of the witness H in the first instance trial

2. Determination as to the principal lawsuit

A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 15,00,000 to the Defendant, who operates the instant factory after retiring from C Co., Ltd., on October 6, 2010, a total of KRW 415,000,000 as business funds, including KRW 100,000,000, and KRW 300,000 on May 18, 2012 under the name of the instant factory purchase. Accordingly, the Defendant’s assertion that the Defendant is liable to pay the Plaintiff the above loans and its delay damages. 2) The Defendant invested in the Plaintiff around October 2012 between the Plaintiff and the Plaintiff.

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