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(영문) 서울고등법원 2015.03.03 2013나77494
대여금
Text

1. Of the judgment of the first instance court, the part concerning Defendant D, including the Plaintiff’s primary claim expanded in the trial.

Reasons

1. Basic facts

A. Defendant D was the representative director of N (hereinafter “N”) who is engaged in outdoor advertising agency business, and Defendant C was his wife.

The plaintiff is between the defendant D and the middle school, and B is the plaintiff's wife.

On November 11, 2009, 200,000 Korean Bank (J) 11, 200,000,000 won remittances to the original account, 5,500,000 Korean Bank (C) 15,50,000 Korean Bank (J) 10,000,000 Korean Bank (C) 10,000,000,000 domestic Bank (C) 10,000,000,000,000 domestic Bank (C) 10,000,000,000,000,000 domestic Bank (C) 10,000,000,000,000 domestic Bank (C) 10,000,0000,0000,000 domestic Bank (C) 10,0000,0000,000 domestic Bank (C) 20,0000,005,000

B. The details of transfers from the account under the name of the Plaintiff or B or from a third party’s account borrowed under the name of the Plaintiff to the account under the name of the Defendant C are as follows.

C. Each amount indicated in the “receiving Amount” column of the attached Table of Interest Payment was remitted or deposited into the new bank account under the Plaintiff’s name, the national bank account, and the new bank account B’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 10 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's ground of claim

A. On November 2009, the Defendants are expected to pay interest at least 5% per month if they lend money to the Plaintiff on or around November 2009.

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