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(영문) 서울고등법원 2016.05.12 2015나2032378
대여금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Judgment as to the primary cause of claim

A. The plaintiff's assertion that the defendant worked as the head of the F legal office operated by the attorney B.

On July 15, 201, the Plaintiff received a receipt from the employee I of the said legal office on July 15, 201, and lent KRW 90 million to the Defendant and B at the Defendant’s request that the registration fee to be used in the said legal office be required.

In addition, the Plaintiff loaned KRW 10,140,60,00 on December 23, 201 at the Defendant’s request that deposit for the exercise of security rights be needed to repay the above money borrowed from the Plaintiff.

Therefore, the Defendant is jointly and severally liable with B to pay the Plaintiff the total amount of KRW 100,140,600 ( KRW 10,140,600) and damages for delay.

B. 1) First, with respect to loans extended by July 15, 201, July 15, 201, evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply)

According to the statement, it is recognized that the receipt of KRW 100 million was made in cash on the same day as the fact that the Plaintiff received a cashier's check at a new bank's exclusive financial center on July 15, 201.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence No. 7, the N lawyer and Eul operated the "F Law Office" at the third floor of Seocho-gu Seoul Metropolitan Government E-building. From June 16, 2010 to N attorney-at-law operated the "Law Office" at the fifth floor of OA, and B's "Law Office" at the Gangnam-gu P and 11th floor of Gangnam-gu Seoul, and the defendant worked as N attorney-at-law from July 15, 201 to July 31, 2012; K used as office staff from January 21, 201 to July 1, 201; I occupied as B's office staff from January 21, 201 to August 31, 2011 to B's office from the Incheon District Court as the head of the registration team's office.

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