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(영문) 서울북부지방법원 2018.07.25 2018나30083
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. The plaintiff asserted and determined that he/she lent KRW 15,00,000 to the defendant on November 27, 2013 and KRW 15,000,000 on November 29, 2013. The defendant asserts that he/she is liable to pay the plaintiff KRW 15,00,000 and delay damages therefor. The defendant asserts that he/she only used his/her financial account, and that he/she did not borrow money from the plaintiff.

According to each statement of evidence Nos. 1 and 2 (including the number of branches), it is not sufficient to acknowledge that the Plaintiff transferred money to the financial account under the name of the Defendant at the above time, and that the Plaintiff received some interest on the said loan through the financial account under the name of the Defendant, but even according to the Plaintiff’s assertion, the above evidence alone is insufficient to acknowledge that the Defendant, not C, borrowed the above money, as alleged by the Plaintiff, was not the same as the Defendant, since the Plaintiff was not the same as the Defendant, and there is no other evidence to acknowledge otherwise.

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

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

The judgment of the court of first instance, which differs from this conclusion, is unfair, and the plaintiff's claim is dismissed.

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