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(영문) 수원지방법원 2020.08.25 2019나64143

대여금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport:

Reasons

1. The reasoning of the lower court’s acceptance of the first instance judgment is as follows, with the exception that the following contents are added to the third-seven (7) of the first instance judgment, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] (4) The defendant alleged that he received the above money in accordance with the agreement in return for the plaintiff's lending of money to C at the court below, and the defendant made a change in his assertion that on February 26, 2018, the plaintiff made a donation of the defendant's real estate (hereinafter "the money in this case") to the defendant on the ground that he would be able to repay the loan of the defendant's real estate (D and E) with the indication of mashion, with respect to the defendant's offering of good care to the plaintiff's children, but it is hard to understand in light of the empirical rule that the defendant made a mistake in the circumstances where he received the money in this case's offering of the loan of this case by paying the loan of this amount. The statement in this regard is reversed.

⑤ The Defendant was a person having a legal spouse and also knew of the Plaintiff, and there is no special reason for the Plaintiff to donate KRW 70 million, not a small amount of money, to the Plaintiff, who is well aware of the fact that the Plaintiff and the Defendant cannot be a legal marital relationship.

④ Around April 4, 2016, the Plaintiff appears to have lent KRW 5 million to the Defendant and received reimbursement. Although there is no loan certificate between the Plaintiff and the Defendant regarding the instant money, it is highly probable that the Plaintiff would not prepare a loan certificate because the details of financial transactions remain.

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed.