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(영문) 수원지방법원 2019.01.22 2018나60533
대여금
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The Plaintiff and Defendant B, among the costs of appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[Attachment to the evidence duly examined by the first instance court, the judgment of the first instance court is justifiable even if examining the case. The plaintiff asserted that the defendant C and D are the lending party. However, as seen in the first instance court, it is reasonable to view only the defendant B as the lending party in view of the circumstances such as transaction relations between the plaintiff and the defendant B at the time of lending money. The circumstances such as the plaintiff's operation of a restaurant jointly with the defendant C at the time of lending money, the purpose of the loan the plaintiff paid, and the lending money with the above defendant's belief of re-reliance upon the request of the defendant D are not expressed externally, and unless there is no objective evidence to acknowledge this, this part of the plaintiff's assertion is without merit. Further, the fact finding of the first instance court was unlawful against the defendant's preparatory document as of January 11, 2018, but the court below's judgment of the first instance court (the judgment of the court below 3 and 4) is not sufficient to recognize the amount equivalent to the above defendant B's loan 10 as the rent of the plaintiff B's freight.

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