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(영문) 서울고등법원 2019.08.21 2018나2045658
대여금
Text

1. The plaintiffs' appeals against Defendant E are all dismissed.

2.The change in the exchange between this Court and this Court.

Reasons

1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the first instance is the same as that for the reasons indicated in the following.

Under the second judgment of the first instance court, the " March 2, 2015" of the fifth sentence shall be " March 12, 2015".

Part 3 of the judgment of the first instance court, the "infinite" in Part 7 shall be deemed to be "issued".

Part 5 of the judgment of the first instance court, "Seoul Jung-gu Q and six parcels" in Part 1 of Part 5 of the second attached Table shall be changed to "Seoul Jung-gu J-gu and five parcels."

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion 1) The N, at the time, represented by Defendant C’s guardian D, became aware that there were various legal and de facto restrictions in carrying out each procedure for the instant project in the name of Defendant C, a minor, and that Defendant C was introduced through Defendant E, and around October 2015, Defendant E agreed with Defendant E to carry out the instant project in the name of the Defendant E. For this purpose, N entered into a sales contract on the instant project site and the right to operate the instant project in the name of the Defendant E, and this is the most sales contract prepared to jointly participate in the instant project in the name name lending method by Defendant E. (2) The N and the Defendant, representing Defendant C’s guardian D, requested Defendant C to lend the Plaintiff’s funds for the instant project in March 19, 201 through G, and Plaintiff A loaned KRW 10,000 to the Defendants on March 21, 2016 as follows.

In other words, Plaintiff A remitted KRW 136,00,000 to Defendant E’s passbook, and ② KRW 48,000,000 to Defendant E’s passbook delegated by Defendant E respectively. ③ On November 15, 2015, Plaintiff A agreed to take over KRW 10,00,000 from G as construction fund for the instant project, and ④ KRW 6,00,000,000 was deducted as prior interest.

3. The parties who borrowed the above money from the Plaintiff A jointly carried out the instant project.

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