logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.03.23 2016나1527
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff asserted that the Plaintiff loaned KRW 200 million to the Defendant several times from December 6, 2006 to December 28, 2006, on December 31, 2006.

Therefore, the defendant is obligated to pay the plaintiff the money stated in the purport of the claim with the loan and delay damages.

2. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted the sum of KRW 196 million to the national bank account under the name of the defendant from December 6, 2006 to December 28, 2006.

However, on the other hand, it is not sufficient to recognize that the plaintiff lent the amount equivalent to the above remittance to the defendant in light of the following circumstances, which can be known by the entry of Eul evidence No. 1 and the purport of the entire pleadings, and there is no other evidence to recognize it. Thus, the plaintiff's above assertion is without merit

① The Defendant asserts at C’s request that the bank account in his name was lent to C, and that there was no amount borrowed from the Plaintiff equivalent to the above remittance amount.

C also confirmed that “A person is unable to conduct financial transactions in his/her name due to bad credit standing while operating his/her adult clocks, and after receiving a bank passbook and seal from the Defendant, he/she used cyber money in his/her adult clocks for the purpose of receiving and withdrawing cyber money and withdrawing personal funds.”

② From August 10, 2006 to February 24, 2006, C opened gambling by linking the Internet gambling site to customers and exchanging cyber money, and provided game products for which no classification has been obtained by the Korea Media Rating Board.

‘The charges' were prosecuted as charged and sentenced to a fine of KRW 7 million in the Daegu District Court' on January 31, 2008.

③ The Plaintiff transferred money worth KRW 200 million over several occasions, and if the borrower was aware of the said money as the Defendant, then the Plaintiff did so before and after the transfer, or intended to borrow and repay the said money to the Defendant.

arrow