logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.01 2014나33351
대여금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. According to the evidence Nos. 1 and 2 of the basic facts, the Plaintiff may recognize the fact that the Plaintiff remitted the amount of KRW 5,000,000 to the account in the name of the Defendant with the financial institution under the name of the Defendant, as well as KRW 5,00,000,000 on October 18, 203.

2. The parties' assertion

A. Upon C’s request, the Plaintiff: (a) transferred KRW 25,00,000 on October 18, 2003, and KRW 5,000,000 on December 29, 2006 to each Defendant’s account; (b) lent KRW 25,00,000 to C and the Defendant in total; and (c) C repaid KRW 10,000,000 among them, the Defendant is liable to repay the remainder of KRW 15,00,000 with C.

B. At the time of the defendant's assertion, only the account number was known upon C's request, not the defendant borrowed money from the plaintiff.

3. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 4 through 6, Eul evidence Nos. 1 and 2, Eul requested the plaintiff to send money to the plaintiff as the business fund was required during the implementation of the Ansan-si Scattering-si Scattering Market Reconstruction Project. The defendant, which was engaged in general trade at the time, notified the plaintiff of his account number upon C's request, and the plaintiff remitted KRW 20 million to the account notified by the defendant on Oct. 18, 2013. The defendant transferred KRW 18,00,000 among transferred money KRW 20,000,000 to C on the same day, and around Sep. 12, 2005, Eul returned KRW 10,000,000 to the defendant on Sep. 29, 2006, the representative director C sent money to the plaintiff by phone No. 30,500,000,000 won to the plaintiff's account at the time of the reconstruction project.

arrow