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(영문) 광주지방법원 2019.12.13 2018나64411
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, since the reasoning of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance except for the part added as set forth in the following paragraph (2).

2. The addition;

A. The following shall be added between the fourth and fourth 17 of the judgment of the first instance.

On March 18, 2016, the Plaintiff transferred KRW 50 million to the Nonghyup Bank Account (E) in the Defendant’s name. On the same day, KRW 15 million to D from the said account, and KRW 36 million to F (D’s creditor according to the Defendant’s assertion), respectively.

On February 1, 2017, the Plaintiff sent a text message to the wife of the Defendant’s representative stating, “I need to keep the Defendant informed of the fact that the Defendant’s wife was unable to send a scam crime. When I wanted to do so, I need to do so.”

It is not easy for the Plaintiff to send text messages to the wife of the Defendant’s representative without receiving the loans and wages stated in the purport of the claim from the Defendant.

B. The judgment on the conjunctive claim added by the plaintiff in this court is added as follows.

The Plaintiff asserted that the Defendant was liable to compensate the Plaintiff for the damages caused by the fraud of the Defendant and its representative C, but it is insufficient to recognize the Plaintiff’s assertion even if the Plaintiff’s testimony was based on the evidence submitted by the Plaintiff, based on the witness G and H’s testimony. Therefore, the Plaintiff’s above assertion is difficult to accept.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal and the preliminary claim added by this court are all dismissed.

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