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(영문) 춘천지방법원강릉지원 2015.02.10 2014나1819
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 Plaintiff’s assertion that: (a) around October 26, 2012, the Plaintiff loaned KRW 7,00,000,000 to the Defendant for a total of KRW 3,00,000 on October 26, 2012, and KRW 2,00,000 on November 20, 2012, and KRW 2,000,000 on December 28, 2012, with the maturity of payment on October 26, 2013; (b) the Defendant is obligated to pay the Plaintiff a loan of KRW 7,00,000,00 and delay damages.

2. In light of the overall purport of the statements and arguments in Gap evidence No. 1-1, No. 1-2, and No. 3, the court below held that the plaintiff remitted the defendant's agricultural bank account totaling KRW 7,000,000 to 3,00,000 on October 26, 2012, and KRW 2,00,000 on November 20, 2012, and KRW 2,000,000 on December 28, 2012, the court below held that the plaintiff and the defendant did not have any awareness prior to the lawsuit of this case, and the defendant lent its agricultural bank passbook to Eul upon C's request. Thus, the above facts alone are insufficient to recognize that the borrower of this case was the defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit.

3. As such, the plaintiff's claim 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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