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(영문) 부산지방법원 2018.05.25 2017나10135

대여금등

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 judgment of the court of first instance.

Reasons

1. The Plaintiff, on October 208, 106, transferred 300,000 won to the Defendant’s account transferred from 10th 5th 7th 8th 200,000 won to 30,000 won in total, 30,000 won in the Defendant’s 30th 5th 8th 10th 20,000 won in New Bank, 30,000 won in total, 30,000 won in the Defendant’s 1st 0th 208 3th 10,000 won in New Bank, 30,000 won in total, 30,000 won in the Defendant’s 20th 3th 208 20,000 won in the Plaintiff’s 10th 3th 208 3th 20,000 won in the Plaintiff’s 10th 203th 2013

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff remitted KRW 7,015,130 to the Defendant as above.

The money Nos. 3 through 6 of the remittance table of this case was remitted to G, an attorney-at-law of the defendant in connection with the defendant's lawsuit, and the money Nos. 7 and 8 was remitted to H's vehicle penalty, living together with the defendant, and Nos. 11 was remitted to the defendant's father's father's university school expenses, and all the money was lent to the defendant.

B. The money that the plaintiff argued by the defendant was transferred to the account of the defendant or a third party is not lent to the defendant, but remitted to the defendant as the expenses, etc. of the plaintiff and the defendant, the defendant operated as a partnership business.

3. Determination

A. The Plaintiff, in relation to the 1st party, established the JJ on March 2014, which mainly runs the stone construction business with the Defendant and the Defendant’s birth L, as well as the Defendant’s birth, from March 2010.