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(영문) 서울고등법원 2015.09.03 2014나52263
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff asserts that on March 13, 2009, the plaintiff lent KRW 110 million to the defendant.

As to this, the Defendant merely received the above money under a separate contract between the Plaintiff’s representative director D and the Defendant, but did not borrow it from the Plaintiff, and even if the Defendant borrowed it, the lending entity is not a Plaintiff but a D individual.

2. Comprehensively taking account of the overall purport of arguments as to Gap evidence 1 through 12 (including number 2; hereinafter the same shall apply), Eul, and Eul evidence 1, testimony of witness E of the first instance trial, and the result of the party representative examination, the plaintiff sent KRW 10 million to the defendant through the defendant's Chok's account on March 13, 2009, upon the defendant's request, KRW 10 million. After then, on April 18, 2013; KRW 200 million were sent to the defendant on July 23, 2013 and September 5, 2013. Meanwhile, the plaintiff's representative director entered into a contract with the defendant on February 11, 2009; KRW 200,000,000,000,000,000,000,000 won, which were issued by the defendant's new corporation; and KRW 200,000,000,00 won,00 issued by the defendant's bill.

The following circumstances, which can be known by the evidence mentioned above and the facts of recognition, are the same.

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