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(영문) 창원지방법원 2017.02.14 2016나50072
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3...

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the part of the judgment of the court of first instance, except where the plaintiff added the following determination as to the claim for damages due to the conjunctive tort, which was added by the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Determination on the conjunctive claim

A. The plaintiff's assertion that he received KRW 70,000,000 from the plaintiff did not think that he would not use it as a real estate purchase fund, but could not have taken over KRW 70,00,000 by deceiving the plaintiff, and actually not used it as a real estate purchase fund.

Therefore, the defendant is obligated to pay the plaintiff the amount of damage caused by the above tort 70,000,000 won and damages for delay as compensation for damages.

B. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant deceivings the Plaintiff as alleged in the above assertion, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s conjunctive claim is without merit.

3. The conclusion of the judgment of the court of first instance, which dismissed the plaintiff's main claim, is just, and the plaintiff's main claim is dismissed. Thus, all of the plaintiff's appeal and the conjunctive claim added at the trial are dismissed. It is so decided as per Disposition by the assent of all.

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