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(영문) 서울동부지방법원 2016.02.03 2015나2890
대여금등반환
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Judgment on the main claim

A. The Plaintiff’s assertion was requested by C Co., Ltd. (hereinafter “C”) to lend money of KRW 50 million to the Defendant in order to assist the Defendant in a temporary financing from around August 2008. The Plaintiff, upon receiving a request from the Defendant to lend money of KRW 50 million on August 14, 2008; KRW 10 million on August 18, 2008; KRW 50 million on August 18, 2008; and KRW 50 million on August 28, 2008, KRW 50 million on a monthly interest rate of KRW 5 million. As such, the Defendant is obligated to pay the Plaintiff the loan and KRW 15 million on a three-month housing guarantee agreement at KRW 65 million and delay damages.

B. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 3, 4, and 5, Gap evidence Nos. 2-1 and 2, and Eul evidence Nos. 1 and 2-2, the plaintiff and Eul became aware of the defendant's introduction. On August 14, 2008, the plaintiff transferred five million won to E's account, which is the representative director C, to the defendant's account, and then remitted KRW 10 million to the defendant's account on August 18, 2008, and KRW 35 million on August 28, 2008. D shall transfer KRW 50 million to E's account on August 14, 2008, KRW 100,000,000 to the defendant's account, KRW 100,000,000,000,000,000 won, and KRW 108,000,000,00 won, respectively,000.

However, each of the statements in Gap evidence Nos. 8 through 11, Eul evidence Nos. 1, 2, and 5 may be acknowledged by comprehensively considering the overall purport of the pleadings, namely, the following circumstances: ① there is no delivery of a loan certificate from the defendant with respect to the above KRW 50 million; ② E.

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