logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.19 2016나2085478
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The defendant is a company established on November 26, 2003 by the plaintiff's husband C and his birth D, which is the plaintiff's husband. At present, the defendant's representative director is G, in-house director, who is the plaintiff's husband, and in-house director, H, who is the child of C, is registered.

B. From the deposit account in the name of the Plaintiff to the deposit account in the name of the Defendant from August 30, 2013 to October 28, 2015, the sum of KRW 678,210,000 was transferred from the deposit account in the name of the Defendant to the deposit account in the name of the Plaintiff. From September 2, 2013 to April 2, 2015, the sum of KRW 169,00,000 was transferred from September 2, 2013 to the deposit account in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, 11, and 13, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion holds the Defendant’s loan claim amounting to KRW 538,410,000, excluding the amount already repaid, from August 30, 2013 to October 28, 2015.

Therefore, the defendant is liable to pay to the plaintiff the above 538,410,000 won and damages for delay.

B. In full view of the evidence, evidence, evidence, evidence, and the purport of the entire arguments, evidence, evidence, evidence, and evidence Nos. 9, 10, 25, the Plaintiff may acknowledge the fact that, in the event the Defendant’s shortage of funds or urgent expenditure of funds, the Plaintiff loaned the Defendant a total of KRW 678,210,000 from the deposit account in the name of the Defendant to the deposit account in the name of the Defendant on the relevant lease date as stated in the “date of lease or repayment.”

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 169,00,000 in total from the Defendant’s respective relevant money stated in the “amount of reimbursement” as of the relevant date of repayment as stated in the “date of lease or repayment” of the same Table.

In this regard, the defendant is not the plaintiff but the former representative director of the defendant.

arrow