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(영문) 서울동부지방법원 2017.05.17 2016나24187

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

1. The reasoning of the judgment of this court citing the judgment of the court of first instance cites the judgment of the court of first instance by applying the main text of Article 420 of the Civil Procedure Act as it is, in addition to adding the judgment on the plaintiff's argument in the court of first instance as stated below 2. Additional determination.

2. The plaintiff asserts that he donated money to the defendant on the condition that he will use it for the hospital expenses of the defendant's attached to the defendant. The defendant did not use it for the hospital expenses borrowed from the plaintiff, and thus, he is obligated to return money to the plaintiff. However, the evidence submitted by the plaintiff alone is insufficient to recognize such conditional donation, and there is no other evidence to acknowledge it. Thus,

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed.