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(영문) 수원지방법원 2018.01.11 2017나5331
손해배상(기)
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Summary of the parties' assertion

A. On December 3, 2010, the Plaintiff lent KRW 30,900,00 to the Defendant on December 3, 2010, and the Defendant shall pay the Plaintiff the above loan amount of KRW 30,900,000 and delay damages.

The defendant seems to have borrowed 30,90,000 won from the plaintiff in order to make an investment to C and receive a lot of dividends from C in preparation for investment funds, and to obtain more profits within a short time.

B. The Plaintiff merely lent or invested KRW 30,900,00 to C through the Defendant for the purpose of receiving interest, and did not lend the above money to the Defendant.

The defendant introduced C to the plaintiff, resulting in the plaintiff's loss, and therefore, he only stated that the plaintiff would be paid in lieu of the payment, in the sense that the plaintiff would be liable for intentional loss.

2. According to the reasoning of the judgment on the cause of the claim, Gap evidence Nos. 1, 2, and 4 and the purport of the entire pleadings, the plaintiff and the defendant are students of elementary school and they are students of elementary school. The plaintiff transferred total of KRW 30,90,000 to the defendant's bank account on December 3, 2010. The defendant immediately transferred the same amount to Eul's one bank account, a child of the same day, and the defendant immediately transferred the same amount to Eul's one bank account. The plaintiff urged the defendant to pay the above money and filed a complaint against the defendant in fraud. The defendant made a statement to the effect that the plaintiff would cause money.

However, it is insufficient to confirm that the above facts of recognition and the statements of evidence Nos. 8 and 9 are insufficient to confirm that the plaintiff lent KRW 30,900,00 to the defendant who is not C, and there is no other evidence to prove otherwise.

Rather, according to the purport of the witness C’s testimony and argument of the first instance court, C borrowed 30,900,000 won from the Plaintiff on December 3, 2010, and C testified with the Plaintiff on the purpose of direct loan (purchase of airline tickets) and interest rate, repayment date, etc. before receiving the account transfer, and C testified.

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