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(영문) 서울남부지방법원 2016.05.19 2015나25896

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 reasoning of the court's explanation concerning this case is as follows, except for the addition of "additional Determinations" under the following, and therefore, it is identical to the part concerning the reasoning of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

2. The plaintiff of additional determination is a tortfeasor who made a false statement to the plaintiff and borrowed KRW 30 million from the plaintiff and thereby is liable for damages. The defendant extended his account and passbook in his name to B so that he can commit fraud. On August 10, 2006, the plaintiff was allowed to lend his account and passbook to B so that he would be able to pay the money later to the plaintiff, his mother. The defendant asserts that he is a joint tortfeasor for the fraud, who is a joint tortfeasor for the fraud, and that he is obligated to pay KRW 30 million to the plaintiff.

The statements in evidence Nos. 1, 2, and 6 alone, the Defendant participated in B’s fraudulent conduct.

It is insufficient to recognize that the act of fraud was easy, and there is no other evidence to acknowledge it.

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

3. If so, the plaintiff's claim of this case is 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. It is so decided as per Disposition.