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(영문) 인천지방법원 2019.11.07 2018나63979
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserts that, on January 7, 2015, the Plaintiff sought reimbursement since he/she remitted to the Defendant KRW 29 million.

However, there is no dispute between the parties that the defendant received the above money from the plaintiff, but the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant borrowed the above money from the plaintiff.

Rather, in full view of the facts without dispute, the testimony of the witness C, the party examination result of the Defendant, and the overall purport of the pleadings, C entered the Defendant’s account while making a false statement that the Defendant borrowed money from the Plaintiff, and the Defendant can only recognize the fact that the money transferred by the Plaintiff upon the request of C on January 8, 2015, after receiving the money from the Plaintiff, was transferred to C again.

In other words, although it may be deemed that the Plaintiff thought that the Plaintiff borrowed and remitted money from C to the Defendant, it cannot be deemed that the Defendant borrowed money as alleged by the Plaintiff. Thus, the Plaintiff’s assertion is rejected.

2. The plaintiff's claim should be dismissed as it is reasonable.

The judgment of the first instance court is unfair because the conclusion is different, so it is so decided as per Disposition by accepting the defendant's appeal.

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