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(영문) 서울중앙지방법원 2019.09.20 2018나81846

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 fact-finding and decision of the first instance court are not significantly different from the allegations in the first instance court, and even if each evidence submitted to the first instance court and this court is examined, the fact-finding and decision of the first instance court are recognized as legitimate.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except where the part of the 3 to 3 to 1 to 3 to below is affirmed as follows. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Considering the overall purport of the statements and arguments in the evidence Nos. 3-1, 2, 5-5, 6, 9, 6-6, 8-2, and 2 of the evidence Nos. 3-1, 5-5, 6-8, 8-2, and 2, the money of this case paid by the Plaintiff to the Defendant is reasonable to deem that the money of this case is based on a loan agreement for consumption, and it is insufficient to recognize the facts of a partnership and investment agreement on the sole basis of the statements in the evidence Nos. 1, 3-8 and 8 of the evidence Nos. 3-1, 3-2, and 5-2 of the Defendant’s assertion that

2. The judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.