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(영문) 서울중앙지방법원 2019.05.02 2018나32295
대여금
Text

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

2. After an appeal is filed.

Reasons

1. The reasoning for the judgment on the primary claim is as stated in the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff, as to the preliminary claim (a claim added at the trial), was the preliminary and around 201, did not have good between the plaintiff's husband and wife. The defendant, who is the upper son of the plaintiff, knew the plaintiff's wife without any intention or ability to cause the plaintiff's husband and wife to smoothly satisfy the plaintiff's husband and wife, thereby deceiving the plaintiff to obtain KRW 200 million from the plaintiff. The defendant asserts that he has a duty to pay the plaintiff the money stated in the claim for damages caused by the tort.

The plaintiff's above assertion is insufficient to recognize the plaintiff's above assertion only with the evidence submitted by the plaintiff, and there is no other evidence. Thus, the plaintiff's above assertion is without merit.

3. Accordingly, the plaintiff's main claim and the conjunctive claim added in the trial are all dismissed without merit. The judgment of the court of first instance as to the main claim is just and consistent with this conclusion. Thus, the plaintiff's appeal and the conjunctive claim added in the trial are all dismissed. It is so decided as per Disposition.

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