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(영문) 의정부지방법원 2016.02.05 2015나12643

손해배상(기)

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 Plaintiff alleged that he lent KRW 4,00,000 to the Defendant during the first patrol officer from 2013 lower patrol officers from 2014. However, it is not sufficient to recognize only the descriptions of subparagraphs 8-1 and 2 of the evidence No. 8-2, and there is no other evidence to acknowledge it. The Plaintiff’s assertion is without merit.

The Plaintiff, upon receiving the Defendant’s personal request, repaid the Defendant’s debt amounting to KRW 4,00,000 to D, etc. of a limited liability company C (hereinafter “C”), which the Defendant actually manages, between the lowerman and the firstman, from 2013 to 2014, and the Defendant agreed to return the above money to the Plaintiff as a loan. Accordingly, the Defendant asserted that the Defendant is liable to pay the above money to the Plaintiff according to the agreement. However, it is insufficient to acknowledge that the said agreement was concluded between the Plaintiff and the Defendant, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s allegation also is without merit.

2. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.