logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.28 2015나35236
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

1..

Reasons

In the first instance court, the Plaintiff alleged that the Defendant lent KRW 50,95,000,00 in total with various living expenses and project funds, as shown in the attached list, including KRW 15,00,00 in the name of the apartment lease deposit, to the Defendant, but the first instance court dismissed all of the judgment. Since the Plaintiff was dissatisfied with only KRW 15,00,000 in the name of the lease deposit, the scope of the first instance judgment is limited to the loan claim of KRW 15 million.

The plaintiff asserts that he lent KRW 15 million to the defendant, and the defendant asserted that the plaintiff, who was in alliance with the defendant, provided it free of charge in consideration of the defendant's economic situation, and did not borrow it.

The fact that the Plaintiff paid KRW 15 million to the Defendant on November 24, 2012 is either a dispute between the parties or may be recognized by the statement of evidence A No. 1. However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact of lending, and there is no other evidence to acknowledge it.

Thus, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

arrow