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(영문) 부산고등법원(창원) 2015.04.02 2014나1310
대여금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked and shall be subject to the above revoked part.

Reasons

1. The parties' assertion

A. Plaintiff 1’s assertion 1) Net G (Death on August 7, 2013, hereinafter “the deceased”).

Around August 19, 2010, if a co-defendant B of the first instance trial loaned KRW 25 million to the Defendant at the time the deceased wishes, he was given a promise to jointly and severally liable for payment (the first instance trial). Around August 19, 2010, or B lent KRW 25 million to the Defendant on behalf of the deceased (the court of first instance) on behalf of the deceased (the court of appeal) and the designated parties leased KRW 25 million to the Defendant under the aforesaid conditions (the court of appeal) and upon the death of the deceased, the Plaintiff and the designated parties inherited the deceased’s property according to their shares of shares of 1/4.

3) Therefore, the defendant is jointly and severally liable with B to pay 6,250,000 won (25,000 won x 1/4, and damages for delay.

B. The defendant's assertion that he borrowed 25 million won from B to B, and he did not borrow the above money from the deceased.

The Defendant subsequently becomes aware of the fact that he borrowed the above money from the deceased and again lent it to the Defendant, but the Defendant, who was not in the position of the borrower, did not have the obligation to pay the above money to the Plaintiff and the Appointor.

2. Determination

A. Comprehensively taking account of the overall purport of arguments as to evidence Nos. 3-1 through 6, 11, 15, and evidence Nos. 4, the defendant: (a) while intending to set up a lawsuit and using money from a farmer at any time due to lack of farming funds, etc., the defendant requested to lend KRW 25 million to B on August 19, 2010; (b) around August 19, 2010, the deceased purchased KRW 25 million in total and delivered KRW 25 million to B on the face of KRW 1,000,000,000 to the defendant; and (c) the remaining KRW 17 million in total was returned to the defendant as the repayment of the existing loan claims against B; and (d) the amount of KRW 360,000 in total was deposited by the account holder over the period from August 19, 201 to September 24, 2012.

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