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(영문) 울산지방법원 2018.11.29 2018나23339
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. The Plaintiff’s assertion asserts that around August 2015, the Plaintiff lent KRW 25,00,000 to the Defendant, and sought payment of KRW 25,00,000 and delay damages therefrom from the Defendant.

2. According to the statement in Gap evidence No. 1, the fact that the plaintiff deposited KRW 25,00,000 into the defendant's account on August 6, 2015 is recognized.

However, it is not sufficient to recognize that the plaintiff lent the above money to the defendant only with the above recognition facts, Gap evidence Nos. 3 and 4 (including each number), and witness D of the trial court, and there is no other evidence to acknowledge it.

Rather, according to the statement in Eul evidence No. 2, the plaintiff asserted that the defendant borrowed and obtained the above money without intent and ability, and filed a complaint for fraud against the defendant. However, it is recognized that the prosecutor, on January 17, 2017, issued the above money to the defendant on the ground that the plaintiff only transferred it to the defendant as investment money and it is difficult to view it as a loan.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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