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(영문) 부산고등법원(창원) 2016.11.10 2015나22529
예탁금 반환 청구의 소
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. Basic facts

A. The Plaintiff borrowed a total of KRW 500 million from the Defendant from July 11, 2013 to October 29 of the same year.

(hereinafter “instant loans”). (b)

On August 27, 2014, the Plaintiff prepared and issued a written confirmation to the Defendant with the following contents:

The plaintiff, as a real borrower of KRW 27 billion (debtor F), has extended a guarantee letter issued by the defendant, has not yet been considered as a part of the guarantee letter issued by the defendant, which occurred to the defendant, and the following issues should be resolved:

On August 20, 2014, the Plaintiff is aware of the problems of the loan guarantee as of August 20, 2014, and is aware of the exact circumstances.

In addition, all measures should be taken to cause damage to the defendant.

First of all, the receipt of documents will be completed until August 28, 2014 so that 20 billion won of preferential beneficiary certificates in the name of the defendant can be issued to the good trusted, and 23.5 billion won of loans remaining in cash until September 5, 2014 can be repaid in full.

As the defendant does not cause damage, the defendant has an opportunity to grasp the truth and redeem cash.

C. On August 29, 2014, the Plaintiff deposited KRW 55 million in the account (Account Number G; hereinafter “instant account”) opened with the Defendant in its own name. D.

On September 1, 2014, the Plaintiff instructed the Defendant’s employee I to deliver a cash of KRW 90 million to his Choin H, who is one of the Defendant’s employees. H delivered KRW 90 million to the Defendant’s employee I.

E. On March 12, 2015, the Plaintiff requested the Defendant to refund the interest on the loan in the name of the Plaintiff as part of the deposit in the instant account, and the same year.

4. 1. On August 29, 2014, the Plaintiff requested the Defendant to transfer the remaining balance of KRW 55 million deposited into the account in the instant case to the Plaintiff’s account (Account Number J) for the purpose of arranging the interest and interest on the Plaintiff’s loan.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 and 2 shall be evidence.

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