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(영문) 서울중앙지방법원 2016.11.07 2016나37203
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 11, 2007, the Plaintiff asserted that: (a) transferred KRW 20,000,000 to the Defendant’s national bank account that is the children of C upon the request of the pro-Japanese on September 11, 2007; and (b) determined and lent KRW 20,000,000 to the Defendant on October 11, 2007, and sought payment of the above money and damages for delay.

However, each statement of Gap evidence Nos. 1 through 6 alone is insufficient to recognize that the defendant was the party who borrowed 20,000,000 won from the plaintiff, and there is no other evidence to acknowledge it.

Rather, according to the evidence submitted by the plaintiff, the party who borrowed the above 20,000,000 won from the plaintiff is only the father of the defendant.

2. If so, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair, and the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed

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