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(영문) 서울고등법원 2015.06.12 2014나59790
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who has registered his/her business under the name of “D” (the opening date: June 18, 2012; the type of business: wholesale business, category of livestock products: livestock by-products). 2) The Defendant is a company that engages in the business of distributing meat by-products.

B. (1) Money transaction KRW 400,000,000, total of KRW 100,000,000 on June 15, 2012, and KRW 300,00,000 on June 18, 2012, was deposited from the Bank’s account in the name of D to the Defendant’s Bank’s account in the Bank’s name (hereinafter “money transaction in this case”).

(2) 2) G engaged in the sales business of the instant money in the name of “F” deposited KRW 200,000,000 in the name of the Bank of Korea under D’s name, including KRW 180,000,000 on July 3, 2012, and KRW 200,000 on July 10, 2012.

3) Co-Defendant C Co-Defendant C (hereinafter “C”) of the first instance court, who runs the wholesale business by-products of meat.

(4) The Defendant deposited KRW 50,000,000 in the Industrial Bank of Korea account in the name of D on July 20, 2012, and KRW 50,000,000 in total, on July 26, 2012. (4) The Defendant deposited KRW 10,00,000,000 in the name of D’s account at the Industrial Bank of Korea account on October 31, 2012.

5) Meanwhile, the Plaintiff was a person who received KRW 100,000,000 from K engaging in the sales business of the instant betting place with the trade name of “H.” (C) The relationship between the Defendant, G, and K prior to the instant monetary transaction, the Defendant paid KRW 210,00,000 as the contract bond to G while engaging in the transaction between G and the Defendant’s supply of the instant betting place.

2) The Defendant, under the trade name of “L”, engaged in the sales business of the well-known money amounting to KRW 200,000,000 as the contract deposit to I while engaging in the transaction of receiving the well-known money from I.K is a joint and several surety for the obligation in the said transaction. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 4, testimony by the witness of the first instance trial, and the purport of the entire pleadings by the witness of the first instance trial.

2. The plaintiff's assertion on the ground of claim

A. The plaintiff is the primary argument.

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