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(영문) 대구지방법원 2015.05.14 2014나19330
부당이득금
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 Plaintiff asserted that the Plaintiff loaned total of KRW 14,00,000,00 to the Defendant, including KRW 2,000,000 on August 31, 201, KRW 14,500,00 on September 14, 2011, KRW 3,000,000 on October 14, 201, KRW 3,500,00 on November 4, 201, KRW 3,500,00 on January 3, 2012, KRW 2,00,000 on January 3, 201, and KRW 2,00,00 on February 16, 2012.

Therefore, the Defendant is obligated to pay the Plaintiff the loan 14,000,000 won and damages for delay.

2. Although there is no dispute between the parties to the judgment, or according to Gap evidence 1-1-3-2,00,000 won which the plaintiff remitted to the defendant's ASEAN account on August 31, 2011, and 1,50,000 won on September 14, 201, and 3,000,000 won on October 14, 201, and 3,500,000 won on November 4, 201, and 2,00,000,000 won on January 3, 2012, and 2,000,000 won on February 16, 2012, it is recognized that there is no evidence to acknowledge that the plaintiff remitted to the defendant as to whether the above 14,00,000 won was leased to the defendant, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is 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, and it is so decided as per Disposition.

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