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(영문) 부산지방법원 2020.12.16 2020나1629
대여금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The parties' assertion

A. The Plaintiff transferred KRW 3,00,000 to Defendant C’s account, which is the wife of Defendant B, upon the Plaintiff’s request, and lent KRW 3,000,000 to Defendant B. Since the said money was used for the Defendants’ daily insurance, the Defendants are jointly and severally liable for payment of KRW 3,00,000 and damages for delay.

B. The Defendants operated a limited liability company E with D and the same business, and Defendant B agreed to receive KRW 5,00,000 per month from D to monthly payment.

The above KRW 3,00,000, which the Plaintiff remitted to Defendant C, was remitted to Defendant B as part of the monthly salary of March 2019 after D borrowed from the Plaintiff.

2. According to the statement in Gap evidence No. 1, the plaintiff can be found to have remitted KRW 3,00,000 to the account of defendant C, who is the wife of defendant B, on March 5, 2019.

However, in light of the following circumstances: (a) the Defendants and D were in a partnership business relationship with the Defendant, and the Plaintiff appears to have worked for the said company; (b) D borrowed 300 won from Defendant B’s account at the time when the Plaintiff remitted the said money to Defendant C’s account; and (c) the above “F director” sent Kakao Kakao Kao Kao Kao Kao Kao Kao Kao; and (c) the above “F director” appears to refer to the Plaintiff, solely on the basis of each statement of evidence Nos. 1 through 3 (including the serial number) alone, it is insufficient to recognize that the Plaintiff lent the said KRW 300,000 as the borrower, and there is no evidence to acknowledge otherwise.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against the defendants is dismissed as it is without merit.

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