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(영문) 수원지방법원 2020.04.22 2019나65733
대여금
Text

1. The plaintiff's appeal and the first and second preliminary claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the acceptance by the court of first instance are as follows: (a) the statement of No. 1, No. 5, and No. 6 of the first instance judgment “No. 5, and No. 6” in Section 5 of Section 4 of the first instance judgment is as follows: (b) the statement of No. 1, No. 5, and No. 6 of the first instance judgment is as follows; and (c) the statement of No. 1, and No. 1, and No. 2 of the second preliminary claim added by the plaintiff in this court is as follows; and (d) the following additional determination is as to the first and second preliminary claim added by the

2. Additional determination

A. 1) Determination on the first preliminary claim is based on the Plaintiff’s argument, but the Defendant received KRW 81,100,00 from the Plaintiff on the premise that he/she is married to the Plaintiff, which constitutes an onerous donation, and the Plaintiff cancels the donation contract on the ground that he/she is not obligated to pay the Defendant. Therefore, the Defendant is obligated to return the money donated from the Plaintiff to the Plaintiff on the premise that the Plaintiff is married to the Plaintiff. 2) Since there is no evidence to acknowledge that the Defendant received a donation on the premise that he/she was donated with a charge of KRW 81,100,000 from the Plaintiff on the premise that he/she is married

B. 1) The plaintiff's assertion as to the second preliminary claim 1) since the defendant deceivings the plaintiff as if he were married to the plaintiff and acquired 81,100,000 won from the plaintiff, the defendant is obligated to compensate the plaintiff for the amount equivalent to the amount obtained by deceit. 2) Since there is no evidence to acknowledge that the defendant deceivings the plaintiff as if he was married to the plaintiff, the plaintiff's assertion based on this premise is without merit.

3. The plaintiff's claim should be dismissed in all cases.

The judgment of the court of first instance, which dismissed the plaintiff's primary claim, is just, and thus, the plaintiff's appeal and the first and second preliminary claims added by this court are dismissed as they are without merit. It is so ordered as per Disposition.

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