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(영문) 수원지방법원 2018.04.26 2017나71154
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The Plaintiffs asserted that they were operating a driving range with D and I around 2007.

The plaintiffs received a request from the deceased to lend the invested money to I. On July 2, 2007, the plaintiffs transferred the amount of KRW 100 million to the E’s account, which is his father, and KRW 250 million to the plaintiff B. The plaintiffs lent each of the above amount of KRW 137.5 million to the deceased.

After that, the plaintiff B received KRW 85 million from the deceased, and thus, it is sought as stated in the purport of the claim.

2. The evidence submitted by the plaintiffs alone is insufficient to recognize that the money remitted to E’s account on July 2, 2007 is a loan to the deceased, and there is no other evidence to acknowledge this.

Therefore, the plaintiffs' assertion is without merit.

3. In conclusion, the plaintiffs' claim of this case must be dismissed as it is without merit.

The judgment of the court of first instance is justified in its conclusion, and the plaintiffs' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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