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(영문) 대전지방법원 2019.01.15 2018나587
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. On October 12, 2015, the gist of the parties’ assertion: (a) the Plaintiff asked the Defendant to lend KRW 5,00,000 to C who was well aware of the Plaintiff; (b) the Plaintiff refused to do so on the grounds that C was unable to trust; (c) the Defendant was to pay the amount of money with the time limit provided on March 2016; and (d) the Plaintiff asserted that the Defendant and the Defendant were liable for the payment of the said money, and that the Plaintiff paid KRW 5,00,000,000 to the Defendant on October 14, 2015.

The defendant asserts that he borrowed KRW 5,00,000 from the plaintiff, not the defendant, but C. The defendant only received the above money from the plaintiff and delivered it to C.

2. The fact that the Plaintiff transferred KRW 5,000,000 to the Defendant’s account on October 14, 2015 is no dispute between the parties.

However, in full view of the following circumstances: (a) the Plaintiff appears to have lent the above money to C; (b) the Defendant transferred the money to the account in the name of C after receiving KRW 5,00,000 from the Plaintiff the money from the Plaintiff; (c) the Plaintiff, the Defendant, and C lent KRW 5,00,000 to the Plaintiff at the same place; (d) the Plaintiff paid interest on the said money to the Plaintiff; and (e) the Plaintiff appears to have returned the money to C, and there was no evidence to acknowledge the fact that the Defendant borrowed KRW 5,00,000 from the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

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