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(영문) 서울고등법원 2015.08.20 2015나12200
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 4, 2012, the Plaintiff transferred KRW 150 million from the Agricultural Cooperative Account (Account Number G) in the name of the Defendant managed by the Plaintiff to the one bank account (Account Number G) in the name of the Defendant.

B. The Defendant, on the same day, remitted the total of KRW 100 million to the account of an agricultural cooperative in the name of C in the name of KRW 10:22 and 10:24 twice from the account of one bank.

C transferred KRW 100 million again from the Agricultural Cooperative Account in the name of C to the Agricultural Cooperative Account (Account Number I) in the name of the defendant by means of transfer from the Agricultural Cooperative Account in the same day.

On the same day, the defendant transferred KRW 100 million to the account of the d's community credit cooperatives by means of d's banking from the above account of the defendant's name.

C. On January 31, 2012, the Defendant prepared and issued a certificate of borrowing that the Plaintiff borrowed KRW 150 million with the due date set on February 6, 2012 (hereinafter “the instant certificate of borrowing”).

【Non-contentious facts, Gap evidence 1, 2, 3, and Eul evidence 2 and 3

2. The parties' assertion

A. The Plaintiff’s primary cause of claim 1) The Plaintiff lent KRW 150 million to the Defendant, and the Defendant is obligated to pay the Plaintiff a loan of KRW 150 million and delay damages therefor. 2) Preliminary cause of claim: even if the Plaintiff appears to have lent KRW 150 million to D other than the Defendant, the Defendant prepared and delivered a letter of loan to the Plaintiff on January 31, 2012 to the effect that the Plaintiff borrowed KRW 150 million from the Defendant, and it can be deemed that the Defendant expressed his intent to jointly and severally bear the Defendant’s obligation. Accordingly, the Defendant is obligated to pay the Plaintiff a deposit of KRW 150 million and delay damages therefrom.

B. Upon the request of the Plaintiff, KRW 150 million was received as one bank account under the name of the Defendant at the request of the Defendant, and KRW 100 million out of which was remitted to C, and the remaining KRW 50 million was transferred to D.

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