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(영문) 서울중앙지방법원 2018.11.09 2018재나5055

대여금

Text

1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

On October 8, 2015, the Plaintiff filed a lawsuit against the Defendants for a loan claim against the Seoul Central District Court 2015Kadan530404, on the ground that each of the claims stated in the Defendant’s claim (hereinafter “each of the instant claims”) was lent to the Defendants, but the said court rendered a judgment dismissing all the Plaintiff’s claims against the Defendants on the ground that “the lack of evidence to acknowledge the Plaintiff’s assertion” was insufficient.

B. The Plaintiff appealed against this and appealed as Seoul Central District Court 2016Na42502, the Plaintiff: (a) stated that “the Plaintiff remitted each of the instant money to the account in the name of the Defendants via E; (b) the Defendants were obligated to return each of the instant money without any legal cause; (c) on May 31, 2017, the said court: (a) transferred each of the instant money to the account in the name of the Defendants designated by E upon the request of E upon the request of E; (b) Defendant B and C delivered the said money to E at the request of the Plaintiff; and (c) Defendant D delivered KRW 10,500,000,000, out of KRW 19,50,000,000, which was remitted from the Plaintiff at the request of E; and (d) recognized that the said remittance was made without any legal cause, and thus, the Defendants did not dismiss the Defendants’ appeal on the grounds that each of the instant money was made final and conclusive (hereinafter “the Defendants’ appeal”).

2. Determination on the petition for retrial

A. On October 29, 2010, the facts of recognition 1 E are the cost of purchasing the kinds of products to the Plaintiff.