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(영문) 서울중앙지방법원 2015.03.24 2014나15506
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

In full view of the purport of the argument in the statement No. 1 and No. 1-2, the Plaintiff deposited KRW 5,00,000 in the national bank account (B) under the name of the Defendant on June 28, 2001 as an insurance excellent credit loan, and deposited KRW 5,680,000 in the same account on December 24, 2001. Insurance excellent credit loan was concluded by the means that the debtor prepares a written agreement on a personal loan transaction and submits it to the Plaintiff, and it is recognized that the loan agreement was concluded by the means that the Plaintiff is the debtor himself/herself by telephone without preparing the document (hereinafter “instant loan”). The Plaintiff asserted that the Plaintiff received the Defendant’s obligation to return the principal balance of the loan under the premise that the loan contract was concluded with the Defendant in relation to the instant loan, and that the Defendant did not receive the Defendant’s obligation to return the loan under the name of the Defendant, 35,755,000,000.

Judgment

In conclusion, the evidence No. 6, which is an agreement on the loan of excellent credit, did not have any evidence to acknowledge the authenticity thereof, and it is insufficient to recognize that the Defendant, who is a congenital defect, concluded a loan agreement by telephone with the Defendant on the sole basis of the evidence No. 7 (record No. 17 December 17, 2001) related to the loan by non-scopic telephone, has entered into the loan agreement by telephone. There is no other evidence to recognize that the contract of the loan was concluded between the Defendant and the Defendant, the Plaintiff’s claim of this case

The judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal is dismissed.

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