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(영문) 서울고등법원 2017.03.24 2016나2067432
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Quotation of the first instance judgment

A. The reasoning of the judgment of the court concerning this case is the same as that of the judgment of the court of first instance, except for the following changes, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Once the judgment of the court of first instance is rendered, the first to the second to 19 shall be modified as follows.

The fact that the Plaintiff paid a sum of KRW 281,50,00 to the Defendant from May 8, 2013 to January 25, 2014 is no dispute between the parties. However, a loan for consumption is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that there must be an agreement between the parties as to the above point (see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). Furthermore, in the event of transfer of money to another person’s deposit account, the transfer can be made based on various legal grounds, such as a loan for consumption, donation, and repayment, and thus, the Plaintiff’s claim for such transfer cannot be readily concluded that there was an intent of the parties to the loan for consumption based on the evidence presented to the Plaintiff, including the Plaintiff’s allegation and evidence 2016.7Da2616164, supra.

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