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(영문) 대구지방법원 2015.10.28 2015나7136

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion C lent KRW 20 million to the Defendant on May 19, 2014, KRW 20 million on May 20, 2014, and KRW 1.5 million on May 27, 2014, and KRW 1.5 million on May 27, 2014. Since C transferred the above loan claim to the Plaintiff and notified the Defendant of the transfer, the Defendant is liable to pay the Plaintiff the amount of KRW 21.5 million with the transfer money and the delay damages.

2. According to Gap evidence No. 1-1-6 of the judgment on the cause of the claim, the fact that the remitter entered as C in the transaction specification of the deposit as of May 19, 2014 and May 20, 2014 is recognized. < Amended by Presidential Decree No. 25057, May 19, 2014; Presidential Decree No. 25068, May 2014; Presidential Decree No. 25079, May 15, 2014; Presidential Decree No. 25747, May 19, 2014; Presidential Decree No. 2575, May 20, 2014>

Furthermore, we examine whether the above KRW 23.5 million was paid on the ground of a monetary loan for consumption, and there is evidence corresponding thereto stated in the evidence Nos. 2, 3 (credit transfer contract, certificate of personal seal impression), and 4 (credit transfer notification). However, in light of the fact that each of the above documents was unilaterally prepared by C or the Plaintiff, and documentary evidence such as a loan certificate between C and the Defendant was not completely prepared, it is insufficient to acknowledge that C lent the above money to the Defendant, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion based on the premise that C lent the above KRW 23.5 million to the defendant is without merit without further examination.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.