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(영문) 의정부지방법원 2020.12.08 2019나5582
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The fact that the Defendant received KRW 13.5 million from the Plaintiff on January 13, 2016, KRW 500,000 from the Plaintiff, KRW 8.5 million on October 8, 2016, KRW 1.5 million on September 5, 2016, KRW 1.5 million on December 14, 2016, KRW 300,000 on January 9, 2017, KRW 1.00,000 on February 1, 2017, KRW 3 million on September 18, 2017, and KRW 3.5 million on September 19, 2017, does not conflict between the parties.

2. The plaintiff asserted that the plaintiff lent the above KRW 13.5 million to the defendant as the cause of the claim in this case and claimed the repayment of KRW 10.8 million among them. The defendant argues that the above amount is merely a repayment of the cash borrowed from the defendant to the defendant as the head of Tong from time to time. Thus, the issue in this case is whether the above KRW 13.5 million was a loan for which the defendant agreed to repay to the plaintiff.

However, there is no evidence that conforms to the plaintiff's assertion.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed.

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