beta
(영문) 대구지방법원 2019.08.14 2018나321871

대여금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows (excluding the part concerning Co-Defendant C of the first instance judgment). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the part added as follows.

2. In addition, the following shall be added to the 9th page below the judgment of the first instance.

[Supplementary evidence Nos. 1 and 2 (including the serial number) can be acknowledged that a considerable number of the Defendants deposited money into the account in the name of C and the account in the name of Defendant D. This circumstance shows that “A is a person who directly engaged in money transaction with the Plaintiff, and Defendant D’s account was used by C, and the remaining Defendants deposited money into the account of C or Defendant D’s account at C’s request.” On the other hand, if the Defendants directly borrowed money from the Plaintiffs, it is not clearly explained that the Defendants remitted money to C or Defendant D’s account. Accordingly, the Plaintiffs are not related to the Plaintiffs. However, according to the fact that there were separate monetary transactions between C and the Defendants, it appears that the Defendants sent money to the Plaintiff 1 and Defendant D’s account in the name of 17 years, i.e., one of the borrowing persons of money from the Plaintiffs, as in the case of other Defendants, and that it appears that the Defendants transferred money to the Plaintiff 1 and 2’s account in the name of Defendant D’s account for 197 years.