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(영문) 서울중앙지방법원 2016.01.19 2015나30540

대여금

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 first instance court.

Reasons

Basic Facts

The fact that the Plaintiff remitted the sum of KRW 50 million to the bank account in the name of the Defendant, KRW 6 million on September 6, 2012, KRW 6 million on September 14, 2012, and KRW 59 million on September 20, 2012 (hereinafter “the instant money”) to the bank account in the name of the Defendant does not conflict between the parties.

The plaintiff's assertion and the judgment party's assertion that the defendant requested the defendant to lend the money of this case to the defendant as the purchase of housing funds for his father's children, and the defendant claimed that the defendant was donated 50 million won as of September 6, 2012 between the plaintiff and his/her father for the purchase of housing funds for his/her father's children, and that the remaining 9 million won was compensated for the defendant's expenses incurred in the election of his/her father's Association.

In full view of the purport of the entire arguments in the statement Nos. 1 through 15 and 23 of the board of directors, the plaintiff was in a separate relationship with the plaintiff and the defendant, and the plaintiff was in a close relationship with the defendant's father, and the plaintiff was in an election for the president and the president of the C Association before and after the transfer of the money in this case, and it is recognized that the plaintiff was in a close relationship with the defendant, and

In light of this point, the statement of No. 3 alone is insufficient to recognize that the instant money is a loan, and there is no other evidence to acknowledge it.

If so, the plaintiff's claim will be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.