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(영문) 대법원 2017.07.18 2016다222583

대여금

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The court below rejected the defendant's assertion that the plaintiff lent KRW 515 million to the defendant on June 11, 2004, and the defendant paid the money borrowed from September 8, 2000 to March 21, 2001 as the operating fund of the hospital of this case. Further, there is no evidence to deem that the plaintiff repaid the money borrowed from September 8, 200 to June 11, 2004.

In light of the relevant legal principles and records, although the lower judgment was inappropriate, the lower court did not err by misapprehending the facts against logical and empirical rules, or by failing to exhaust all necessary deliberations, or by omitting the judgment, contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.