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(영문) 서울고등법원 2016.09.28 2015나2066791
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, the court's explanation on this part is cited in accordance with the main sentence of Article 420

Party’s argument

A. The Plaintiff’s assertion 1) is a director in charge of the business of H who manufactures and sells ready-mixeds. The Plaintiff frequently used the restaurant operated by Defendant B in the instant building, and is closely related to the Defendants, as the relationship in which the said company supplied ready-mixeds to the construction company operated by Defendant C. (2) Upon receiving a request from the Defendants, the Plaintiff borrowed deposit money under the pretext of cancelling the auction of the instant case, and thereafter lent the Defendants, on January 6, 2012, the check and cash KRW 127,000,000 to the Defendants, and again lent KRW 5,00,000 to the check on February 6, 2012.

The Defendants, after withdrawing the auction of this case, decided to repay the above loan, but did not pay the loan up to now.

3) Therefore, the Defendants are jointly and severally obligated to pay the Plaintiff the total amount of KRW 132,00,000 (i.e., KRW 127,000,000) (i., KRW 5,000,000). (ii) The Defendants’ assertion 1) provided the instant building as security upon I’s request and enables I to borrow money from D and E.

However, when I did not pay money to D and E and the auction of this case started, the above I borrowed money equivalent to the first deposit from the plaintiff in order to cancel the auction of this case, and the defendants did not have to borrow money from the plaintiff or to pay money on behalf of the above I.

2. In addition, the Defendants did not borrow or receive KRW 5,000,000 from the Plaintiff on February 6, 2012.

Judgment

A. The main issue of this part of the claim 1 regarding a loan of KRW 127,00,000 is that the Plaintiff lent to the Defendants the amount equivalent to KRW 127,00,000 out of the first deposit amount, and whether the Defendants entered into a loan contract for consumption with the Plaintiff to pay that amount.

However, there is a problem.

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