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(영문) 울산지방법원 2016.06.02 2015나5620

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

1...

Reasons

1. The Plaintiff filed a claim for the payment of KRW 1.8 million from the first instance court to March 24, 2015, KRW 4 million from April 19, 2015, KRW 8 million from loans extended on April 26, 2015, and KRW 8 million from April 26, 2015, and damages for delay on each of the above money. The court of first instance accepted the Plaintiff’s claim and dismissed the remainder of the claim.

However, as to the above judgment, only the Plaintiff appealed on the loan of April 19, 2015, the loan of April 26, 2015, the loan of April 26, 2015, and the damages for delay thereof, among the part against which the first instance court lost, the scope of this court’s judgment is limited to the above loan of April 19, 2015 and each claim for damages for delay of April 26, 2015.

2. The Plaintiff asserts that, upon the Defendant’s request for a loan, the Plaintiff is obligated to pay to the Plaintiff KRW 12 million and damages for delay, as the Plaintiff lent KRW 4 million to the Defendant via C, April 19, 2015, and KRW 8 million on April 26, 2015.

However, it is not sufficient to recognize that the Plaintiff lent the above KRW 12 million to the Defendant through C only with the descriptions of the evidence Nos. 1 through 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case can be accepted within the scope of the above recognition and the remaining claims can be dismissed. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed. It is so decided as per Disposition.