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(영문) 서울고등법원 2017.01.19 2016나2052867
대여금
Text

1. The Plaintiff’s appeal and trial against Defendant B, C, D, E, F, G, and H were added to the said Defendants.

Reasons

Basic fact: (a) The details of monetary transactions between J and Defendant I (hereinafter referred to as “money transactions”); (b) Defendant I was paid to Defendant I on January 20, 2004; (c) KRW 3,000,000 on May 24, 2004; (d) KRW 10,000,000 on June 19, 2004; (e) KRW 3,000 on July 12, 2004; and (e) KRW 3,00,000,000 on July 14, 2004; and (e) KRW 10,000,000 on November 10, 200,000 on November 14, 200; and (e) KRW 3,00,000 on November 17, 200,000 on May 27, 2005; and

J’s deposit account of the Fisheries Cooperatives, the sum of KRW 11,400,000 on December 31, 2004, KRW 1,000 on June 22, 2005, KRW 3,000,000 on September 30, 2005, KRW 20,000 on January 9, 2006, KRW 17,200 on March 17, 2006, was paid to Defendant I.

J’s deposit account in the National Bank of Korea, the sum of KRW 4,000,000 on September 16, 2005 and KRW 3,000,000 on November 21, 2005 was paid to Defendant I.

J deposited in Defendant I’s deposit account; KRW 3,00,000 on July 30, 2004; KRW 20,000,000 on August 20, 2004; KRW 15,000,000 on November 18, 2004; and KRW 42,000,000 on July 4, 2005.

Defendant I, on October 7, 2005, issued to J a cash check of KRW 10,00,000 at par value, and issued to J each by taking a cash check of KRW 9,00,000 at par value on October 12, 2005.

On August 26, 2004, Defendant I prepared a receipt to sell to J three parcels of K, L, and M, Seo-gu Incheon, Seo-gu, Incheon, and received KRW 33,00,000 (hereinafter “first receipt”) and issued it to J.

On November 23, 2005, Defendant I received KRW 50,000,00 for the N-road portion of Gyeyang-gu Incheon Gyeyang-gu (hereinafter “Second Receipt”) and issued it to J.

On the other hand, Defendant I prepared a receipt (hereinafter “third receipt”) to the effect that he received a total of KRW 18,000,000 (=10,000,000 won) KRW 3,000,000,000) and deliver it to J.

The J's death and inheritance-related JJ on June 5, 2007.

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