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(영문) 울산지방법원 2016.12.07 2016나3171
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion that on August 27, 2008, the plaintiff agreed to lend KRW 3 million to the defendant without interest on September 27, 2008 by setting the due date on September 27, 2008, and transferred the above KRW 3 million from the deposit account in the name of his/her father C to the defendant's account on the same day. The defendant asserts that he/she is liable to pay the above loan amounting to KRW 3 million and its delay damages to the plaintiff.

On August 27, 2008, the Defendant received KRW 3 million from the Plaintiff, but the said money was lent by the Defendant to the Plaintiff on April 25, 2005, and the Defendant was returned part of the money, and the Plaintiff did not borrow KRW 3 million from the Plaintiff.

2. Although there is no dispute between the parties that the plaintiff remitted KRW 3 million to the defendant on August 27, 2008, it is insufficient to recognize that the plaintiff lent KRW 3 million to the defendant only with the above facts of recognition and the statement of evidence No. 2, and there is no other evidence to recognize that the plaintiff lent KRW 3 million to the defendant, the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion shall be dismissed as the plaintiff's appeal is without merit. It is so decided as per Disposition.

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