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(영문) 전주지방법원 2020.10.21 2019나11329
대여금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except where the plaintiff stated the following 2. Additional Judgment as to the assertion that the plaintiff added to this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff's assertion that the defendant gains profit from using the money deposited in the plaintiff's passbook without permission. Since the plaintiff suffered loss, the plaintiff is obligated to return the money to the plaintiff's unjust enrichment.

B. Each written evidence Nos. 1 and 2 attached to the judgment of the court below that the defendant withdraws money without permission.

The plaintiff's assertion is without merit, since there is no other evidence to prove that the plaintiff suffered losses due to the plaintiff's profit or the defendant's profit.

3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance, which dismissed the Plaintiff’s claim for the loan, is justifiable as it is consistent with this conclusion, and the Plaintiff’s appeal and the claim for return of unjust enrichment selected by this court are dismissed as it is without merit. It is so decided as per Disposition

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