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(영문) 의정부지방법원 2019.09.10 2018나7208

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 reasoning of the court’s explanation concerning this case is as follows, in addition to the following, the part of the reasoning of the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act. Thus, the reasoning of the court’s explanation concerning this case is as follows:

2. The defendant asserts that in addition to the fact that the plaintiff had a loan agreement between the plaintiff and the defendant in order to claim a loan against the defendant, the plaintiff has to prove that the plaintiff paid the money under the name of the loan. Since the plaintiff did not prove it at all, the plaintiff's claim should be dismissed.

The plaintiff's assertion that "the defendant prepared a loan certificate that 32 million won should be paid in full to the plaintiff from May 10, 2008 to October 10, 2008" includes the defendant's assertion that "the defendant agreed to pay 32 million won to the plaintiff." As mentioned above, the defendant prepared a loan certificate that "the defendant borrowed 32 million won from the plaintiff and borrowed 32 million won from the plaintiff and pays 1.7 million won per week from May 10, 2008 to October 10, 2008 to the plaintiff, and the defendant prepared a loan certificate that 30 million won should be paid to the plaintiff in relation to the above loan through a preparatory document that was made on May 10 to October 14, 2019 to the plaintiff, and the defendant prepared a loan certificate that the plaintiff would pay 30 million won to the plaintiff in accordance with the above agreement that the plaintiff would be paid in full to the plaintiff.

The defendant's assertion on this part.