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(영문) 광주지방법원 2018.08.17 2017나5989
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that since the plaintiff loaned KRW 50,000,000 to the defendant, received a total of KRW 37,000,000 from the defendant and his mother's father, the defendant agreed to pay KRW 13,00,000 to the plaintiff around November 10, 203, since the defendant agreed to pay the above loan balance of KRW 13,00,000 to the plaintiff, the defendant is liable to pay the above KRW 13,00,000 and the delay damages.

The evidence No. 3 (Evidence) cannot be used as evidence because there is no evidence to prove the authenticity of the evidence, and it is not sufficient to recognize that the evidence No. 1-1, 2, and 2-1-2 was lent to the defendant by the plaintiff. The plaintiff's above assertion is without merit, since there is no evidence to prove otherwise.

2. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the first instance is unfair on the contrary of this conclusion, and thus the plaintiff's claim is dismissed.

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