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(영문) 수원지방법원 2016.11.03 2016나3727
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The gist of the Plaintiff’s assertion argues that the Defendant is liable to pay the Plaintiff the above loan amount of KRW 12,00,000 and damages for delay, on December 13, 2013, since the Plaintiff borrowed money from the Defendant to the Defendant’s deposit account in the name of the Defendant via a deposit account in the name of D on December 13, 2013.

2. Therefore, according to the statements in the evidence Nos. 1 and 2, the plaintiff can be found to have remitted KRW 12,00,000 to the deposit account in the name of the defendant through the deposit account in the name of the defendant on December 13, 2013. However, in light of the statements in evidence Nos. 1 through 3, 4-1, 2, 5, and 6-2, it is difficult to recognize the above facts and evidence Nos. 5 and the testimony of the witness E of the party trial as above that the plaintiff lent KRW 12,00,000 to the defendant, and there is no other evidence to acknowledge them. Thus, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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