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(영문) 서울고등법원 2015.09.11 2015나2016383
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. On March 9, 2006, the Plaintiff: (a) from the financial account under the name of the Defendant to the financial account under the name of the Defendant; (b) KRW 20,000,000 to the financial account under the name of the Defendant on April 27, 2006 to the financial account under the name of the Defendant; (c) KRW 10,00,000 to the financial account under the name of the Defendant on May 30, 206 to the financial account under the name of its mother (hereinafter “F”); and (d) KRW 240,000,000 to the financial account under the name of the general executive director E of the corporation C (hereinafter “C”); and (d) KRW 20,000 to the financial account under the name of the Defendant on September 1, 206 to the financial account under the name of the Defendant; and (d) KRW 300,000,000 from the financial account under the name of the Defendant on September 28, 20006.

B. From March 13, 2006 to February 27, 2007, the Defendant: (a) totaled KRW 52,646,000 as shown in the attached Table 1 to the instant money (i.e., KRW 7,870,00 for the remittance amount of KRW 20,000 as of March 9, 2006; KRW 2,400,000 for the remittance amount of KRW 10,000 for the remittance amount of KRW 10,000,000 for the above remittance amount of KRW 2,40,000,000 for the above remittance amount of KRW 38,90,000 for the remittance amount of KRW 240,000 for May 30, 2006, KRW 2000 for the above remittance amount of KRW 360,000 for the above remittance amount of KRW 200,000 for KRW 9,2000.

C. On August 14, 2011, the Defendant prepared and proposed a loan certificate of KRW 340,000,000 (hereinafter “the instant loan certificate”) to the Plaintiff. The instant loan certificate states “I accept KRW 340,00,000,000, and deposit to C, the borrower, B, and the creditor.”

C is an enterprise that has engaged in fund-raising activities without delay, and the defendant was a director and the head of the investor recruitment team.

The defendant is the actual operator of C, H, representative director, I, J.

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