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(영문) 울산지방법원 2015.05.13 2014나5197
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. Determination on the cause of the claim

A. The plaintiff asserted that on February 21, 1998, he lent KRW 5,00,000 to the defendant and received KRW 1,340,000 out of the above money, and that the defendant is obligated to pay the remaining loans of KRW 3,660,000 and delay damages for the above amount. However, the statement in the evidence No. 1 is insufficient to acknowledge the fact that the plaintiff lent the above money to the defendant. The plaintiff's assertion on this part is without merit.

B. The plaintiff also asserts that although the person who borrowed the above money is not the defendant but the defendant's husband, C borrowed the above money for the purpose of using it as the operating fund of the restaurant operated by the couple, the defendant is jointly and severally liable with C for the above money borrowed with respect to daily home affairs. However, there is no evidence to acknowledge that C borrowed the above money for the purpose as asserted by the plaintiff, and therefore, the plaintiff's assertion on this part is without merit.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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