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(영문) 수원지방법원 2017.03.23 2016나15874

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. Judgment on the plaintiff's assertion

A. The purport of the Plaintiff’s assertion is that: (a) the Plaintiff performed a factory since around 15 years of age, or provided money for beauty art work to the mother as a school expense; (b) the Defendant was able to complete his studies at middle and high schools by obtaining registration fees from his mother; and (c) the Defendant was given money for the Plaintiff’s direct purchase of registration fees, books, and sound recording machines; and (d) the Plaintiff was also obligated to pay the Plaintiff a total amount of KRW 3,000,000 borrowed from the Plaintiff at the time of middle and high schools, and the Plaintiff is obliged to pay the Plaintiff a total amount of KRW 5,00,000,000 and delay damages therefrom, including the total amount of KRW 2,00,000 borrowed from the Plaintiff at the time of middle and high schools.

B. Therefore, according to the overall purport of the statements and arguments by Gap evidence Nos. 1, 1, 2-1 through 16, and 3, it can be acknowledged that the plaintiff gave up his/her studies from the time when he/she started to work, thereby leading to the livelihood of his/her family by punishing him/her for his/her work, and by helping his/her students, including the defendant, continue his/her studies. However, the above facts of recognition alone provided a "loan" to the defendant as the amount that the plaintiff would have received from the defendant in the future.

The plaintiff's assertion is not acceptable, inasmuch as it is difficult to view that the defendant made a rent on the premise that the plaintiff would make a repayment after the rent to the plaintiff, and there is no other evidence to acknowledge that the plaintiff made a rent of KRW 5,00,000 to the defendant.

2. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is without merit.