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(영문) 전주지방법원 2015.09.14 2014나9864
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

purport.

Reasons

1. If Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 1, and 4 revealed the purport of the entire pleadings as to the cause of the claim, the defendant and the co-defendant C of the first instance court prepared a loan certificate to the effect that "the defendant borrowed KRW 15 million per annum, interest rate of KRW 20% per annum, and interest payment period as the 7th day of each month, and C jointly and severally guaranteed the defendant's obligation (hereinafter "the loan certificate of this case"), and the plaintiff remitted KRW 1,455 million to the account in the name of C on February 7, 2012. On the same day, the plaintiff remitted KRW 13 million to the account in the name of D used by the defendant, and according to the records, the plaintiff submitted the copy of the loan certificate of this case to the court of first instance as evidence No. 2 (Evidence evidence) and the above joint and several surety was jointly and severally liable to the defendant on February 1, 2012.

2. The defendant's assertion and judgment

A. Defendant’s assertion 1) A received KRW 13 million deposited into D’s account on February 7, 2012, E from E to E due to E, and the Defendant also paid the same amount to E’s account in the name of F, the obligee of E upon the request of E. (2) The instant loan certificate was borrowed from G and delivered money to G around May 2012, and the Defendant did not receive money from the Plaintiff and deliver it to G.

B. According to the evidence Nos. 1 and 4, it is recognized that the Defendant: (a) transferred money of KRW 13 million to F by means of a bank account in the name of D on February 7, 2012; (b) on the other hand, according to the evidence Nos. 1 and 4, it is recognized that the Defendant remitted money of KRW 13 million to F before receiving KRW 13 million from C; and (c) received a certain amount and remitted the same amount to a third party.

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