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(영문) 수원지방법원 2017.04.14 2015나35772

대여금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are stated by the court, and the reasons for the judgment of the court of first instance are stated.

In addition to the following cases, a claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, because the reasoning for the judgment of the first instance is the same.

2. The plaintiff asserts that he additionally lent KRW 5 million to the defendant on December 2006, KRW 30 million on September 19, 2007, and KRW 2.5 million on October 17, 2007.

According to the evidence evidence Nos. 2, 4, 6, and 3, the plaintiff remitted to the defendant of December 2006, and 2.5 million won on October 17, 2007, respectively. The plaintiff remitted 30 million won to C on September 18, 2007, and C remitted 30 million won to the defendant's wife D on September 19, 2007.

However, in light of the above facts, it is difficult to readily conclude that monetary transactions between the Plaintiff and the Defendant were loans solely on the grounds that there exist several occasions of remittances, and D returned KRW 30 million to C on September 21, 2007, and the Plaintiff’s direct lending relationship between the Plaintiff and the Defendant solely based on the fact that C transferred in sequence to Defendant’s wife D, and that it is difficult to deem that the direct lending relationship between the Plaintiff and the Defendant was established. In light of the aforementioned facts, it is insufficient to recognize that the remitted money was loans solely based on the aforementioned evidence, the entries of Nos. 3 and 5, and the records of this court, the No. 3 and 5, and the results of each written order issued to submit financial transaction information

Therefore, this part of the Plaintiff’s assertion that differs from this premise is without merit.

3. The decision of the first instance court is legitimate, and the plaintiff's appeal is dismissed.