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(영문) 부산지방법원 2016.04.01 2015나17170

차용금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion requested the plaintiff to lend KRW 1,00,000 to the plaintiff as necessary in order to prevent his own children from leaving the country. Accordingly, the plaintiff lent KRW 1,00,000 to the defendant on February 25, 2014 on the condition that he will pay three months after the due date, and on the condition that he will pay the plaintiff the above KRW 1,00,000 and the delay damages.

2. We examine the judgment. On February 25, 2014, the plaintiff remitted 1,00,000 won to the defendant's Busan Bank account; the defendant did not return the above money to the plaintiff; the plaintiff filed a complaint by fraud, etc.; the defendant was sentenced to a fine of KRW 700,000 in Busan District Court Decision 2015No981; the defendant received the above money without the intention to return it, and the defendant was sentenced to a fine of KRW 700,00,00, and the contents of text messages between the plaintiff and the defendant are included in the purport that he would return money between the plaintiff and the defendant (each statement No. 1,3 and 5 No. 2015No286, the appellate court in Busan District Court Decision 2015No981, the appellate court's appellate court's ruling that the defendant would not have been found guilty on the ground that there was a lack of evidence between the plaintiff and the defendant's appeal to the above 2016.