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(영문) 수원지방법원 2017.01.19 2015나29050

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

The judgment of the court of first instance.

Reasons

1. Determination on the cause of the claim

A. The parties' assertion asserts that the plaintiff should pay KRW 20,000,000 to C's account by remitting KRW 20,000,000 to the plaintiff and C, and that the defendant is obligated to pay KRW 20,000,000 to the plaintiff.

On the other hand, the defendant asserts that upon the request of D, he received KRW 20,000,00 from the plaintiff to the defendant's account and transferred KRW 30,000 to D on the following day, and that he does not borrow the above money from the plaintiff.

B. The fact that the Plaintiff remitted KRW 20,000,000 to the account on July 17, 2012 is recognized by the statement in the evidence No. 1.

However, there is no evidence to prove that the Plaintiff lent the above money to the Defendant by remitting KRW 20,000,000 to the account of C, and rather, according to the evidence Nos. 1, it is recognized that the circumstance in which KRW 30,000,000 was remitted from the account of C on July 18, 2012, which is next day to the D’s account is consistent with the Defendant’s argument.

Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed as it is just and there is no ground for appeal by the plaintiff. It is so decided as per Disposition.