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(영문) 서울서부지방법원 2015.10.08 2015나2670
투자금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The plaintiff asserts that he lent KRW 5 million to the defendant and sought the return thereof, or that the defendant took part in the illegal act by lending his passbook to C, thereby claiming the payment of damages equivalent to the above amount, by asserting that C took part in the illegal act by acquiring the above five million won from the plaintiff.

However, there is no dispute between the parties on March 7, 2013 that the plaintiff remitted 5 million won to the head of passbook under the name of the defendant on March 7, 2013, but further there is no evidence to recognize that the plaintiff lent it to the defendant, or that C took part in the defendant's fraud by deceiving the plaintiff. Therefore, all of the plaintiff's arguments are without merit.

Therefore, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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