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(영문) 서울북부지방법원 2016.01.27 2015가단7210
대여금
Text

1. The Defendants each of the KRW 30,000,000 to the Plaintiff, respectively, and Defendant B from January 26, 2015 to Defendant C, and Defendant C from November 2014 to the Plaintiff.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the withdrawal of the auction of real estate owned by the plaintiff, and by misapprehending the legal principles as to the withdrawal of the auction of real estate owned by the plaintiff, it did not err by misapprehending the legal principles as to the withdrawal of the auction of real estate owned by the plaintiff, as otherwise alleged in the ground of appeal.

B. Determination as to the cause of the claim * First, it is difficult to conclude that the Plaintiff lent money to E solely on the basis of each of the following facts: (a) the health account for the instant transfer Nos. 1 and 2; (b) the amount of KRW 10 million was transferred from the F’s bank account to E’s bank account on March 5, 2004; and (c) the amount of KRW 30 million was transferred from F’s bank account on July 18, 2006 to E’s bank account on July 18, 2006. However, this part of the allegation is rejected, since it is difficult to conclude that the Plaintiff lent money to E, and there is no other evidence to prove otherwise.

* According to the above facts as to the third transfer of this case, as long as the Plaintiff or E, unrelated to the above business, transferred KRW 20 million from the Plaintiff’s bank account to the E bank account, the Plaintiff should be deemed to have lent KRW 20 million to E, barring special circumstances.

* As to the fifth transfer money, the company that received a contract for the new construction of the building in this case from D, etc. and completed the construction work, but failed to receive the construction cost, the company that received a contract for the new construction of the building in this case (hereinafter referred to as the “Occinite”) filed a lawsuit claiming the construction cost (Seoul Central Court 2008da5703, Seoul High Court 2009Na10297) against D, F, etc. and received a decision to pay the amount of money equivalent to KRW 256,50,000 from the appellate court on November 25, 2010; and the above judgment on September 14, 2011, as an executive title, as to the apartment building Nos. 3 Dong 105, 105, which is located in Yeongdeungpo-gu Seoul Metropolitan Government I owned by F.

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