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(영문) 부산고등법원(창원) 2019.01.31 2018나12080
대여금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the case as described below, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 3th 20th 20th 20th scam of the judgment of the court of first instance, the part of the "written evidence Nos. 1-2, 2, 4-6, and 9" written with the "written evidence No. 1-2, 2, 4-6, and 9" written with the "written evidence No. 1-2

The portion of the first instance judgment regarding loans worth KRW 300,00,000 or above is not subject to any financial data for 2-3 acts of 2-3 acts of 2-3,000,000,000, which is alleged to have been delivered through Plaintiff B, is not subject to any financial data to support the remittance of KRW 200,00,00 (the financial data submitted by Plaintiff A to prove the above assertion is examined as of December 20, 207, the amount transferred by Plaintiff B to Defendant C as of December 20, 207 (i.e., KRW 258,951,000) (i., KRW 248,880,000, KRW 10,000, KRW 10,880,000, KRW 10,000, KRW 24,200,000, KRW 30,000, KRW 300,000, KRW 300,00.

On the other hand, before December 20, 2007, the amount remitted by Plaintiff A to Plaintiff B is limited to KRW 116,230,000,00. Since most of the time of remittance between Plaintiff B and the time of remittance to Defendant C are not consistent, it is difficult to view that the source of money remitted by Plaintiff B to Defendant C is the Plaintiff.

In light of these circumstances, money transaction between the plaintiffs and the defendant C is for the used cars transaction business operated by both the plaintiff B and the defendant C.

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