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(영문) 서울동부지방법원 2018.02.02 2017나2689
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff's assertion by the plaintiff is the plaintiff's assertion that the defendant leased Nos. 4 and 103 of Gangdong-gu Seoul Metropolitan Government KRW 70 million, monthly rent of KRW 100,000,000, and paid the lease deposit and monthly rent to the plaintiff. The above lease was terminated on October 3, 2016.

On August 26, 2016, the Plaintiff returned KRW 5 million to the Defendant, and on October 3, 2016, the Plaintiff returned KRW 65 million to the Defendant.

At the request of the defendant at that time, additional KRW 5 million was lent.

To seek the return of the said money.

The defendant's argument that the money deposited into the defendant's account on August 27, 2016 is the money that the defendant received by the non-party E on the same day while marriage with the non-party E.

The defendant was only refunded KRW 70 million from the plaintiff.

However, it is not sufficient to recognize that the statement of No. 3 alone was the money paid by the plaintiff to the defendant's account on August 27, 2016, and there is no other evidence to acknowledge it.

It cannot be recognized that the Plaintiff asserted a loan.

The plaintiff's claim for the decision is dismissed as there is no reason.

The judgment of the court of first instance is unfair in conclusion, so the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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