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(영문) 의정부지방법원 2017.12.20 2017나3674
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. Basic facts

A. The Plaintiff is a non-speed person running “D” in Namyang-si, Namyang-si.

B. On May 28, 2013, the Defendant, via the Plaintiff, had the right to receive re-registration in F in Seongbuk-gu Seoul E.

【Ground for recognition】 There is no dispute

2. The parties' assertion

A. On May 21, 2013, Plaintiff 2 requested the Defendant to search for the Plaintiff and to have the right to receive the reimbursement.

As the Plaintiff is not a person who has the right to receive the deposit, the Plaintiff shall request a person who is not a person with the right to receive the deposit. However, the value of the right to receive the deposit was orally agreed to be KRW 6 million, and the Defendant decided to pay the deposit by December 31, 2013, if the Plaintiff paid the deposit in lieu of the said money.

Nevertheless, since the defendant did not pay the above money, it is sought to pay it.

B. The Defendant heard from the Plaintiff that “I have wind against South Korea, which can have the wind on her husband’s wind, if you have the wind on her husband’s hand,” and there was a frightling by the Plaintiff, and there was no talking from the Plaintiff about the cost, such as the value of the exercise of the right of redemption, etc.

However, unlike the plaintiff's horses, the husband's family life was frightful without any problem, and the husband's thought that he belongs to this, the plaintiff's payment of the value of the right to the deposit.

In other words, even though there is no problem at the defendant's family, the plaintiff is winding to her husband without being faced with it, and makes an unreasonable demand by raising money later.

3. It is not sufficient to acknowledge that there was an agreement by which the Plaintiff received KRW 6 million from the Defendant to force another person to terminate the right to demand the transfer of the property on behalf of the Defendant, solely with the facts stated in Gap evidence Nos. 1 to 3 (including additional numbers) as to the cause of the claim, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance shall be this.

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