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(영문) 서울중앙지방법원 2016.06.24 2016나11119

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as stated in the reasoning of the judgment of the court of first instance except for adding the following parts to "a judgment on the assertion" among the reasons for the judgment of the court of first instance. As such, the part concerning the reasoning of the judgment of the court of first instance is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. Additional part, as alleged by the defendant, the plaintiff and the defendant knew, and the parties who borrowed KRW 70 million from the plaintiff are not the defendant, G, which are not the defendant, and the plaintiff's statement is the same as the plaintiff in the investigation process. Furthermore, even if the plaintiff's remittance of KRW 70 million is not a loan, but an investment fund related to the removal of "F" rather than a loan, the defendant is obligated to pay KRW 70 million to the plaintiff directly (No. 1-1 of evidence No. 1 of the judgment of the court of first instance).

Therefore, we cannot accept the defendant's argument that the defendant has no obligation to pay money.

3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.