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(영문) 서울남부지방법원 2016.02.04 2015나8662
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. Determination as to the cause of claim

A. The Plaintiff’s assertion has leased KRW 19.77 million to the Defendant several times from 2005 to 2011. As such, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 19.77 million and the damages for delay.

B. The reasoning of the judgment is as follows: (a) the Plaintiff’s bank account under the Plaintiff’s name was transferred from July 31, 2005 to the bank account under the Plaintiff’s name; (b) the sum of KRW 1,977,00,00 was transferred from July 31, 2005 to October 10, 201 to the bank account under the Plaintiff’s name; (c) but the Plaintiff’s assertion that the amount transferred to the bank account under the Defendant’s name was transferred to the bank account under the Plaintiff’s name or the credit card payment was transferred to another bank account under the Plaintiff’s name; and (d) the Plaintiff’s assertion that the money was transferred to the bank account under the Plaintiff’s name or the credit card payment was transferred to the bank account under the Plaintiff’s name, etc.; and (e) the Plaintiff’s assertion that the money was transferred to the Plaintiff’s account under the Plaintiff’s name and the Plaintiff’s credit card payment was insufficient in light of the Plaintiff’s relationship with the Plaintiff and the Defendant’s allegation as above.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair in conclusion, and it is so revoked, and the plaintiff's claim is dismissed as per Disposition.

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