(영문) 대전지방법원 2019.09.25 2018나115502

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(영문) 대전지방법원 2019.09.25 2018나115502

대여금

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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 asserts that the defendant and C (the plaintiff was a co-defendant of the first instance court but the plaintiff withdrawn the lawsuit against C in the first instance court) borrowed KRW 50,00,000 on March 17, 2008 and lent money to the defendant's account in five times from March 17, 2008 to December 9, 2008 by depositing the above amount of KRW 50,000,000 in five times from March 17, 2008, and thus, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 47,565,00,000 among the above money.

On the other hand, the defendant opened an account at the request of the head of Tong C to lend the passbook and cash card, and C merely borrowed the above money from the plaintiff, and the defendant did not find the plaintiff's office or borrow money from the plaintiff.

C The Plaintiff requested on March 17, 2008 to lend KRW 50,000,000 to the Plaintiff on or around early December 2008, and the Plaintiff transferred KRW 50,000,000 in total from March 17, 2008 to December 9, 2008 to the Defendant account by the Plaintiff’s account may be recognized pursuant to the purport of the entry of evidence No. 1 and the entire pleadings.

However, there is no evidence to find that the Defendant visited the Plaintiff’s office together with C around the beginning of March 2008 (the Plaintiff asserted that the Plaintiff was the husband and wife at the complaint, and the Defendant “B” of the first instance judgment after the first instance judgment was rendered, is “D” (C’s wife and the Defendant).

) After filing an application for correction and received a decision of dismissal. On the first date for pleading of the trial of the first instance, it is insufficient to recognize that the Defendant jointly borrowed money from the Plaintiff with C on the sole basis of the fact that the said loan was paid to the Defendant’s account under the name of the Defendant.

2. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.

Since the judgment of the first instance differs from this conclusion, the plaintiff's claim is dismissed.

유사 판례

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