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(영문) 인천지방법원 2019.08.14 2018나63887
대여금
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for an additional determination as to the part for which the plaintiff seeks a preliminary claim as follows. Thus, it is citing it as it is in accordance with the main sentence of

2. Additional determination

A. The summary of the Plaintiff’s assertion is that the Defendant is given a donation of KRW 120,00,000 from the Plaintiff and is obliged to pay KRW 400,000 monthly living expenses. Therefore, the said donation constitutes an onerous donation.

However, since the Defendant did not properly perform its obligation against the Plaintiff, the Plaintiff’s donation to KRW 120,000 shall be revoked.

B. Determination as to whether or not the other party agreed to assume a separate obligation in relation to the gift or whether or not the other party agreed to assume a separate obligation in relation to the gift is a matter of fact-finding, which constitutes a matter of fact-finding, since there is an intention to conflict between the parties who want to take legal effect and whether or not it was made by expressing it explicitly or implicitly by speech, behavior, etc., and thus, it is a matter of fact-finding (see Supreme Court Decision 2010Da5878, May 27, 2010). The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the said gift is an onerous gift, and there is no other evidence to acknowledge it.

Therefore, we cannot accept this part of the plaintiff's assertion.

3. If so, the plaintiff's claim, including the claim added at the trial, should be dismissed for lack of reason.

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed, and the plaintiff's claim added in the trial is also dismissed. It is so decided as per Disposition.

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