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(영문) 부산지방법원 2019.11.22 2019나40895

대여금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 2013, the Plaintiff transferred KRW 120 million to the Defendant’s H Association account (hereinafter “instant money”). On the same day, the Defendant deposited the said money by opening a term deposit account with H Association maturity on December 27, 2014.

B. On May 2, 2014, the Defendant terminated the term deposit in the middle of the said term on the same day, and remitted the Plaintiff KRW 69,456,689 to J on the same day, and KRW 50 million to the Plaintiff.

C. All of the plaintiffs, the defendants, and the J are between themselves.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 10, 11, 14 through 16, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion made a loan to the defendant with interest of KRW 200,000 per month, and the defendant paid KRW 50,000,000 among them, so the defendant should pay the remainder of the loan to the plaintiff as well as KRW 70,000,000 per month agreed upon, and delay damages.

B. The court below held that the plaintiff remitted the money of this case to the defendant, but the above circumstance alone does not admit that the plaintiff immediately lent the money to the defendant, and there is no other evidence to acknowledge that the plaintiff did not immediately lend the money to the defendant.

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is unfair in conclusion with different conclusions, so it is so decided as per Disposition by accepting the defendant's appeal.