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(영문) 서울중앙지방법원 2017.01.16 2015나59312

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the “F” of the first instance judgment under Article 420 of the Civil Procedure Act is dismissed as “J”; and (b) the part of the second to third to 11 of the first instance judgment, “However, there is no evidence to acknowledge either or no evidence to acknowledge it” is the same as the reasons for the first instance judgment; and (c) thus, this part is cited under the main sentence of Article 420 of the Civil Procedure Act.

However, as to whether the Plaintiff paid the above amount to the Defendant as a loan, the following circumstances are considered to have been comprehensively taken into account: (i) the Plaintiff’s payment of the above amount under the name of health account, Gap’s 1-2, 4, Eul’s 1-4, and Eul’s 1-4, the testimony by the witness J and the court of the trial on the issue of order to submit financial transaction information to the National Bank of Korea to the Defendant Co., Ltd.; (ii) the Plaintiff, at the time of transferring the above amount to the Defendant, was working as the manager of Gtel and the above Ktel’s C account in the Seoul Special Metropolitan City, Gwanak-gu, and the Defendant’s transfer of the deposit and management expenses to the Defendant’s bank account; (iii) the amount of money deposited to the above account is difficult to be considered to have been actually owned by the Plaintiff; and (iv) the Plaintiff’s transfer of the money to the Defendant’s husband’s account from 200,000 won to 30,000,000 won.