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(영문) 서울남부지방법원 2018.04.19 2017나54492
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. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following contents between the two parties’ “assumptive arguments” and “assumptiveing” under Section 2 of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Additional Part】 The following circumstances acknowledged by the first instance court and the evidence duly adopted and examined by this court: ① there is no loan certificate verifying the Plaintiff’s above assertion; ② C was registered under the name of the Defendant on February 11, 2005 without being registered under his/her own name due to good credit; ③ was engaged in business activities using a bank account in the name of the Defendant; ③ the Plaintiff remitted KRW 33,720,000 to the bank account in the name of the Defendant on February 10, 2012, along with the fact that the Plaintiff transferred KRW 33,720,000 to the bank account in the name of the Defendant.”

2. Thus, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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