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(영문) 서울중앙지방법원 2016.04.22 2015나67788

대여금반환

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 first instance court.

Reasons

1. On April 2, 2015, the Plaintiff’s summary of the Plaintiff’s assertion was determined and lent to the Defendant on May 6, 2015, without setting interest on KRW 10 million.

The defendant did not repay the above loan even after the expiration of the payment period, and is obligated to pay the above loan amounting to KRW 10 million and the delay damages.

2. The evidence presented as shown in the Plaintiff’s assertion that it conforms to each of the above evidence Nos. 1 and 11 stated, but there is no financial transaction details supporting the fact of lending, and the Plaintiff’s himself refers to the evidence Nos. 1 and 7 as to the above evidence Nos. 1 and 11 merely a fake car to the Defendant (Evidence Nos. 1 and 7). In light of the above, it is insufficient to acknowledge the fact of lending as alleged by the Plaintiff, and there is no other evidence to acknowledge it differently.

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