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(영문) 대전지방법원 2020.07.07 2019나115745
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

The plaintiff is already indicated as a stock company in the certificate No. 1 and No. 2 when lending money to defendant B, but there is no evidence to confirm whether D is a stock company or private business chain.

Since the name was changed in the name of another person, and the conclusion of the partnership agreement with Defendant B was irrelevant to the Plaintiff that it was concluded with another representative rather than the Plaintiff. Thus, the Plaintiff asserts to the effect that the amount deposited by Defendant C to the account is not a partner, but a loan, and that the amount deposited by Defendant B to Defendant D to the account is not a repayment amount against the Plaintiff.

However, there is no evidence to acknowledge the plaintiff's assertion different from Eul evidence 1.

In this case, the reasoning of this court is identical to the reasoning of the judgment of the first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act

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