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(영문) 서울중앙지방법원 2016.04.06 2015나42413

대여금

Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation on this part of the judgment of the main claim is the same as the part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that C or F is a party to the instant contract, but unlike the Defendant’s assertion, if C or F confirms that C or F is not a party to the instant contract, the instant contract did not coincide with each other, and thus, the Defendant asserts that C or F acquired the money stated in the purport of the claim without any legal grounds.

It is insufficient to acknowledge that the Plaintiff paid KRW 100,00,00 to the Defendant with respect to the implementation of the instant contract only by itself, as stated in Gap evidence 4, Gap evidence 7, and Eul evidence 8-1, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s conjunctive claim is without merit without examining whether the instant contract was concluded or not, as well as the remainder.

3. In conclusion, the plaintiff's primary and conjunctive claims are all dismissed as they are without merit, and the judgment of the court of first instance which dismissed the plaintiff's primary claims is justified as it is consistent with this conclusion, and the plaintiff's primary claims are all dismissed as well. It is so decided as per Disposition.