logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.30 2016나2023449
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Since December 2006, the Plaintiff, South-North Korea, her relationship with the Defendant, her relationship with the Plaintiff, her relationship with the Plaintiff around January 2008.

B. From December 11, 2006 to July 30, 2007, the time when the Plaintiff maintained the relationship with the Defendant, the Plaintiff remitted total of KRW 732,00,000 to the Defendant as indicated in the following table.

On December 11, 2006, 100,000 on December 11, 2006; 20,000,000 on December 11, 2006; 3. 15,000,000 on December 14, 2006; 5,000,00 on December 14, 2006; 5,000 on December 19, 2006; 17, 200,000 on June 20, 2007; 17, 200,000,000 on March 20, 200, 2007; 8.

C. The Defendant leased 10,000,000 won on June 18, 2007, and paid 430,000,000 won on July 30, 2007, which was paid by the Plaintiff, to the Plaintiff as the Plaintiff’s request, and the Defendant leased 103,00,000 won on the above apartment.

On January 17, 2008, the Defendant remitted KRW 190,000,00 to the Plaintiff. On April 15, 2008, the Defendant received the refund of KRW 430,000,000 from the above apartment lease deposit and remitted KRW 200,000 among them to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, 10 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion was from January 2007 to September 2007 that the Plaintiff had a relationship with the Defendant.

The Plaintiff loaned KRW 732,00,000 in total to the Defendant from December 11, 2006 to July 30, 2007, on the ground that the Defendant’s financial obligations incurred while attending the securities company, intimidation due to the former’s monetary relationship, etc.

However, the Defendant paid only KRW 390,000,000 among the above loans to the Plaintiff up to now.

Therefore, the defendant is liable to pay to the plaintiff the remaining 342,00,000 won (732,000,000 won - 390,000,000 won) and damages for delay.

arrow