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(영문) 의정부지방법원 2015.10.16 2014나16068
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

1. Determination on the cause of the claim

A. On December 21, 2012, the Plaintiff alleged that he/she remitted KRW 2,00,000 to the deposit account in the name of the Defendant and lent the above money to the Defendant. Accordingly, according to the evidence No. 1, it is recognized that the Plaintiff remitted KRW 2,00,000 to the deposit account in the name of the Defendant on December 21, 2012.

However, the plaintiff himself argues that the above money was deposited into the account in the name of the defendant because he lent it as necessary for the settlement of the card price, and such argument by the plaintiff is sufficient to acknowledge the fact that the plaintiff remitted the above money to the account in the name of the defendant to the account in the name of the defendant, considering that C, who was living with the defendant from January 2012, had borrowed the above money from the plaintiff and used the deposit account in the name of the defendant, or that it is consistent with the defendant's argument that the defendant did not borrow the above money from the plaintiff, but the fact that the plaintiff remitted the money to the account in the name of the defendant to the account in the name of the defendant, and there is no other evidence to prove it otherwise.

B. Therefore, the plaintiff's claim of this case is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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