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(영문) 춘천지방법원강릉지원 2019.04.30 2018나937

대여금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent to C a total of KRW 11 million to the Defendant’s account known by C while lending the said amount to C.

Therefore, the defendant is jointly and severally liable with C to pay the loan 10,000 won and damages for delay.

B. According to the overall purport of the statement and pleading by Gap evidence No. 1, the plaintiff lent to C the amount of KRW 10 million on March 16, 2011, KRW 10 million on February 8, 2012, and the plaintiff lent the amount of KRW 11 million to C as above, and the plaintiff lent the money to C in the defendant's name known to C, and the defendant and C can recognize the fact that they are married couple.

However, the above facts alone are insufficient to recognize the fact that the defendant borrowed the above KRW 11 million from the plaintiff together with C, and there is no other evidence to acknowledge it.

Rather, in light of the following circumstances acknowledged by the purport of the above facts of recognition and the entire pleadings, namely, that the Plaintiff and the Defendant did not know each other, and even according to the Plaintiff’s assertion, “A lent KRW 11 million to C and deposited money to the Defendant’s account known to C in the name of the Defendant,” etc., it is deemed that C borrowed KRW 11 million from the Plaintiff on two occasions and received the above borrowed money from the Defendant’s account in the name of the Defendant.

Therefore, the plaintiff's assertion is without merit.

2. The plaintiff's claim against the defendant should be dismissed as it is reasonable.

The judgment of the court of first instance is unfair on the basis of its conclusion. As such, it is so decided as per Disposition by the assent of all participating Justices on the bench.