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(영문) 창원지방법원 2016.09.28 2016나52382
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 judgment on the cause of the claim is 14 times from February 9, 2008 to August 22, 2012 when the Plaintiff demanded payment of the total amount of KRW 45,56,000 to the Defendant, and the Defendant lent the amount of KRW 29,56,000 to the Plaintiff without any agreement on interest, and the Defendant merely claimed payment of the total amount of KRW 16,556,00 to the Plaintiff. Thus, the Plaintiff paid the remainder of KRW 16,56,00 to the Defendant on the ground that the Plaintiff sought payment of KRW 165,56,00 to the Plaintiff on the ground that the Plaintiff did not dispute between the parties, or that the Plaintiff paid KRW 45,56,00 to the Defendant on the ground of the Plaintiff on the basis of the evidence Nos. 1, 2 (including the provisional number). However, each of the following circumstances acknowledged by the court as follows:

“In the statement, there is a possibility that the above amount was paid with the amount related to internal relations as alleged by the defendant, ② in the civil procedure instituted by the plaintiff, claiming that there was the construction cost to be paid to the defendant, ② the above 45,56,000 won cannot be deemed a loan, which was sentenced to the judgment of the plaintiff's failure, but the appeal is still being filed with the Supreme Court after being sentenced to the dismissal of the appeal, ③ there is no loan certificate on the money alleged by the plaintiff to be a loan, ③ there is no loan certificate on the money alleged by the plaintiff to be a loan to the defendant, and there is no objective evidence to acknowledge it. ④ The above domestic payment source is a loan.

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